According to the federal Environmental ProtectionAgency,
Mercury is atoxic substance that can harm both humans and wildlife. Many different products, includingthermometers, contain mercury. Whenthese products break, the mercury can evaporate, creating a risk of dangerousexposures to mercury vapor in indoor air. Moreover, mercury that volatizes when products break in the home or inthe waste disposal system enter the environment and can be deposited in lakesand rivers, where it can be transformed into highly toxic methylmercury. Very small deposits of mercury can dosignificant damage. One gram of mercuryper year is enough to contaminate all the fish in a lake with [a] surface areaof 20 acres.
A representative of the Ecology Center in Ann Arbortestified before the House Commerce Committee that "mercury attacks thecentral nervous system and can cause tremors, impaired vision and hearing,developmental deficits during fetal development, attention deficit, anddevelopmental delays during childhood." Fetuses and children under six are said to be especiallyvulnerable. The contamination of lakesand fish by mercury is said to be an important public health problem.
As mentioned, one source of mercury is the mercurythermometer. (Other product sourcesinclude batteries, automobile switches, and fluorescent bulbs. Coal-fired electric utilities, municipalwaste combusters, and medical waste incinerators are said to be the principalsources of mercury in the air.) Environmentalists say that mercury thermometers are responsible for tenpercent of the mercury in the municipal waste stream. Moreover, they say, in one recent year, poison control centersreceived 18,000 calls from people who had broken a mercury fever thermometer inthe home. While health officials saythat breaking a thermometer is not likely to threaten an individual's health,they report that there have been cases of serious illness and even deathrelated to the exposure to mercury from fever thermometers; young children aresaid to be most susceptible. The EPAhas said, "Clearly, thermometers are not the major source of mercury tothe environment, but they are a meaningful small source that can be relativelyeasily reduced". Environmentallysafer and affordable alternatives to mercury fever thermometers are readilyavailable, including digital electronic thermometers.
As a result, a number of states have banned or limitedthe sale of mercury thermometers, including California, Oregon, Rhode Island,Maine, Maryland, Indiana, Minnesota, and New Hampshire. Some local units of government across thecountry have issued bans as well, including Ann Arbor. A recent report from the American Academy ofPediatrics called for the end to the use of mercury-containing thermometers,according to an AAP press release. Reportedly, the EPA and the American Hospital Association have signed amemorandum of understanding agreeing to try to eliminate mercury from healthcare, and some national retail chains have stopped selling mercurythermometers. Legislation has beenintroduced that would ban the sale (with some exceptions) of mercury thermometersin Michigan.
THECONTENT OF THE BILL:
The bill would amend Part 172 of the Natural Resourcesand Environmental Protection Act (NREPA) to prohibit the sale of mercurythermometers beginning January 1, 2003. However, the bill would permit 1) the sale of mercury fever thermometers(for measuring body temperature) by prescription; and 2) the sale of a mercurythermometer for a use for which a mercury thermometer was required by state orfederal statute, regulation, or administrative rule.
The bill's provisions would be enforced by theDepartment of Environmental Quality. Aviolation would be a misdemeanor punishable by imprisonment for not more than60 days or a fine of not more than $1,000, or both, plus the costs ofprosecution.
Specifically, the bill would prohibit a person fromselling, offering for sale, or offering for promotional purposes a mercurythermometer in the state or for use in the state, except in the cases referredto earlier. It also would require amanufacturer of mercury fever thermometers to supply clear instructions witheach thermometer sold by prescription on the careful handling of thethermometer to avoid breakage and on proper cleanup should a breakage occur.
The term "mercury thermometer" would bedefined to mean a product or component, other than a dry cell battery, of aproduct used for measuring temperature that contains mercury or a mercurycompound intentionally added to the product or component.
MCL 324.17201
BACKGROUNDINFORMATION:
The web site of the federal Environmental ProtectionAgency contains a great deal of information on mercury generally and on mercurythermometers. The address iswww.epa.gov.
FISCALIMPLICATIONS:
The House Fiscal Agency reports that the bill wouldresult in increased costs to the Department of Environmental Quality. The actual budget impact would depend on thenumber of inspectors added. The $1,000fine for violations would go to local government to support publiclibraries. (HFA fiscal note dated1-28-02)
ARGUMENTS:
For:
Proponents say that the bill represents a small butsignificant step in reducing the threat to the environment and public healthfrom mercury. Michigan would join thelist of states (and local jurisdictions) prohibiting or limiting the sale ofmercury thermometers. While the obviousbenefit from banning mercury thermometers is to individual households, therewill also be some benefit to society at large. The federal EPA notes that when mercury thermometers break or aredisposed of, say in incinerators, mercury enters the environment. The agency has said that "combustion ofvarious mercury-containing products in municipal solid waste is the secondlargest source of mercury to the environment [and] the fourth largest source .. . is combustion of medical wastes. These two categories together account for nearly one-third of themercury released to the atmosphere". Federal officials say mercury thermometers contribute 17 tons of mercuryeach year to the municipal solid waste stream. And each year thousands of peoplebreak mercury thermometers in their homes. There are a number of suitable alternatives to mercury feverthermometers; indeed, some retailers have already stopped carrying the mercurythermometer. The bill takes aprospective approach; it does not anticipate removing existing mercurythermometers but prohibiting future sales. It should be also noted that the bill allows for special circ*mstanceswhen such thermometers may be necessary.
POSITIONS:
The Department of Environmental Quality supports thebill. (1-29-02)
The Ecology Center (of Southeastern Michigan) supportsthe bill. (1-29-02)
The National Wildlife Federation supports thebill. (1-29-02)
The Michigan Health and Hospital Association supportsthe bill. (1-29-02)
A representative of the Michigan Environmental Counciltestified in support of the bill. (1-29-02)
A representative of Clean Water Action testified insupport of the bill. (1-29-02)
Michigan United Conservation Clubs has indicatedsupport for the bill. (1-29-02)
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This analysis was prepared bynonpartisan House staff for use by House members in their deliberations, anddoes not constitute an official statement of legislative intent.
