Section 27-2103. Labeling

1.  Mercury-added  consumer  products sold or offered for sale in this
  state by a distributor or retailer shall be labeled by the  manufacturer
  thereof in accordance with the provisions of this section.
    2.  Unless  alternative  labeling  is  approved  by  the  commissioner
  pursuant  to  subdivision  four  of  this  section,  the   labeling   of
  mercury-added consumer products shall:
    (a)  clearly  and  conspicuously  inform  the consumer that mercury is
  present in such product and that such product shall not be  disposed  of
  or  placed  in  a  waste stream destined for disposal in mixed municipal
  solid waste until  the  mercury  is  removed  and  reused,  recycled  or
  otherwise  managed  to  ensure  that the mercury does not become part of
  solid waste or contaminate wastewater;
    (b) be conspicuous to the consumer prior to the purchase,  and  during
  the installation and removal of such product;
    (c)  be  affixed  to  the  product  and  be  composed  of  a  material
  sufficiently durable to remain legible and so  affixed  for  the  useful
  life of the product; and
    (d) be printed and affixed to the product by the manufacturer thereof.
    3.  Automobile  manufacturers  shall  be  deemed  to meet the labeling
  requirements of this section, with respect to either original  equipment
  or  service  parts, if new automobiles bear a label on the doorpost that
  lists the mercury-added components that may be present in such  vehicle.
  Such  label  shall,  to  the largest extent possible, be consistent with
  labeling provisions of other  states.  An  automobile  manufacturer  may
  apply to the commissioner for approval of an alternative to the labeling
  requirement  that  would  be  at least as effective in providing presale
  notification of mercury content.
    4. (a)  The  commissioner  may  promulgate  rules  and/or  regulations
  specifying labeling requirements, provided, however, that any such rules
  and/or  regulations  shall  allow for the use of labels adopted by other
  states that meet the requirements of subdivision two of this section.
    (b) The commissioner shall  promulgate  rules  and/or  regulations  to
  authorize   alternative   labeling,   including  package  labeling,  for
  mercury-added consumer products as  defined  in  this  title  under  the
  following conditions:
    (i)  a  manufacturer  must  submit  a  written request for alternative
  labeling  documenting  that  a  product  or  class  of  products  cannot
  reasonably  be  labeled  to  comply  with  specific requirements of this
  title; and
    (ii) all authorizations for alternative labeling  granted  under  this
  subdivision shall be valid for four years and may be renewed.