Section 27-2107. Prohibitions

1.  On  and  after  January  first, two thousand five, no person shall
  sell, offer for sale or distribute free  of  charge  in  the  state  any
  mercury-added  novelty consumer product. A manufacturer that produces or
  sells mercury-added novelty consumer  products  shall  notify  retailers
  that sell mercury-added novelty consumer products about such product ban
  and  inform  such  retailers of how to properly dispose of the remaining
  inventory.
    2. On and after January first, two  thousand  five,  no  person  shall
  sell,  offer  for  sale  or  distribute  free  of  charge  mercury fever
  thermometers or mercury body thermometers except by prescription written
  by a physician. A manufacturer of such thermometers  shall  provide  the
  buyer  or  the recipient with notice of mercury content, instructions on
  proper disposal and instructions that clearly describe how to  carefully
  handle  the thermometer to avoid breakage and on proper cleanup should a
  breakage occur.
    3. On or after January first, two thousand five, no person shall sell,
  offer for sale or distribute free  of  charge  in  the  state  elemental
  mercury,  other  than  within  a mercury-added consumer product, without
  requiring the final purchaser or recipient to sign a statement that  the
  purchaser will use the mercury only for medical, pre-encapsulated dental
  amalgam, research, or manufacturing purposes.
    4.  On  or  after  September  fourth, two thousand four, no primary or
  secondary school in  New  York  state  may  use  or  purchase  elemental
  mercury.   Mercury-added  consumer  products  which  are  not  otherwise
  prohibited by this title that are used by schools  are  not  subject  to
  this prohibition.
    5.  On or after January first, two thousand six, no person shall sell,
  offer for  sale  or  distribute  the  following  mercury-added  consumer
  products:
    (a) mercury barometers;
    (b)  mercury  esophageal  dilators,  mercury  bougie  tubes or mercury
  gastrointestinal tubes;
    (c) mercury flow meters;
    (d) mercury hygrometers or mercury psychrometers; and
    (e) mercury pyrometers;
    The provisions of this subdivision shall not  apply  to  the  sale  or
  distribution  of  any  mercury-added consumer product delineated in this
  subdivision if such product is used to  replace  a  product  that  is  a
  component  in  a  larger  product  in  use  prior  to January first, two
  thousand six, or  the  resale  of  any  mercury-added  consumer  product
  delineated    in   this   subdivision   manufactured   before   December
  thirty-first, two thousand five.
    6. On or after January first, two  thousand  seven,  no  person  shall
  sell,  offer  for  sale  or distribute any mercury hydrometer or mercury
  manometer. The provisions of this subdivision shall  not  apply  to  the
  sale or distribution of any mercury-added consumer product delineated in
  this  subdivision if such product is used to replace a product that is a
  component in a larger  product  in  use  prior  to  January  first,  two
  thousand  seven,  or  the  resale  of any mercury-added consumer product
  delineated   in   this   subdivision   manufactured   before    December
  thirty-first, two thousand six.
    7.  On  or  after  January  first, two thousand eight, no person shall
  sell, offer for sale or distribute any mercury switch or  mercury  relay
  individually   or  as  a  product  component.  The  provisions  of  this
  subdivision  shall  not  apply  to  the  sale  or  distribution  of  any
  mercury-added  consumer  product  delineated in this subdivision if such
  product is used to replace a product that is a  component  in  a  larger

  product in use prior to January first, two thousand eight, or the resale
  of  any  mercury-added  consumer  product delineated in this subdivision
  manufactured before December thirty-first, two thousand seven.
    8.  On  or  after January first, two thousand eight, but no later than
  February twentieth, two thousand  eight,  and  thereafter  upon  written
  request,  but  not more than once a year, the commissioner shall issue a
  written finding as to whether non-mercury alternatives are comparable in
  price to, are as effective in performance as, and are  as  accurate  and
  precise  as  mercury  sphygmomanometers,  mercury  wetted  reed  relays,
  mercury flame sensors,  mercury  thermometers  other  than  thermometers
  prohibited  from  sale  pursuant  to subdivision two of this section, or
  mercury thermostats, except for mercury thermostats used by a  blind  or
  visually  impaired  person.  Upon  making  an affirmative finding that a
  non-mercury alternative is comparable in price to, is  as  effective  in
  performance  as,  and  is  as  accurate and precise as any mercury-added
  consumer product delineated in this subdivision, no person  shall  sell,
  offer  for  sale  or  distribute such mercury-added consumer product for
  which the  commissioner  has  made  such  an  affirmative  finding.  The
  provisions   of  this  subdivision  shall  not  apply  to  the  sale  or
  distribution of any mercury-added consumer product  delineated  in  this
  subdivision  for  which  the  commissioner  has made such an affirmative
  finding, if such product  is  used  to  replace  a  product  that  is  a
  component  in  a  larger  product  in  use prior to the issuance of such
  affirmative finding or the resale of any mercury-added consumer  product
  delineated in this subdivision, for which the commissioner has made such
  an  affirmative  finding,  manufactured  prior  to  the issuance of such
  affirmative finding.
    9. The provisions of subdivisions five, six, seven and eight  of  this
  section shall not apply to the sale or distribution of any mercury-added
  consumer  product  delineated  in  those subdivisions if the use of such
  product  is  a  federal  requirement.  The  department   shall   develop
  informational   materials  on  the  dangers  of  mercury-added  consumer
  products, specifically thermometers and barometers, and disseminate such
  materials to antique dealers and resale establishments.