Information for manufacturers of products to which mercury is added

Under 38 MRSA §1661-A, products to which mercury is intentionally added during formulation or manufacture may not be offered for sale or distribution in Maine after January 1, 2002 unless the manufacturer has notified the DEP about the presence, purpose and amount of mercury in the product.

Wholesalers or distributors who simply repackage such products for sale or distribution are not required to notify. However, the product cannot be sold or distributed unless the manufacturer(s) has filed the required notification for the product. A wholesaler, distributor, or importer may submit the notification for products they intend to sell or distribute in Maine if the manufacturer has failed to do so.

The notification requirement applies to any product, except drugs approved by the United States Food and Drug Administration, to which mercury or a mercury compound has been intentionally added, whether directly to the product or to a component of the product for any reason.

How to notify

To assure interstate consistency, Maine is participating in the Interstate Mercury Education and Reduction Clearinghouse (IMERC). A manufacturer who wishes to notify all IMERC-participating states simultaneously can file one form with the clearinghouse provided the manufacturer is not asking that any of the information be kept confidential (see IMERC web links below). If the manufacturer or importer wishes to keep some information confidential, the IMERC notification form should be submitted with a letter explaining reasons for requesting confidential business information directly to:

IMERC Web page

IMERC Notification Form and Instructions

See also: Important Notice to Lighting Vendors and Contractor