DEEP: Exemptions from Notification

Exemptions from Notification, Mercury Content Limits, Labeling, and Collection System Plan Requirements

What mercury-added products, if any, are exempt from the notification requirement?
The following products are exempt from the notification requirement:

  • Any pharmaceuticals, pharmaceutical products, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetics Act, 21 USC 301 et. seq. (CGS Section 22a-625)
  • Any mercury-added product for which federal law prevents state authority over notice requirements;  (CGS Section 22a-615(b))
  • Any mercury-added product with a code or date of manufacture that indicates the product was manufactured prior to January 1, 2003. (CGS Section 22a-623(a))
  • Any mercury-added product for which the manufacturer provides documentation that the product was manufactured prior to January 1, 2003. (CGS Section 22a-623(a))
  • Any motor vehicle with a code or date of manufacture prior to October 1, 2003. (CGS Section 22a-623(a))
  • Any motor vehicle for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003. (CGS Section 22a-623(a))
  • Packaging components containing any mercury or mercury compound, as defined in subdivision (3) of Section 22a-255h of the Connecticut General Statutes. (CGS Section 22a-613(2))

What mercury-added products, if any, are exempt from the mercury content limits?
The following mercury-added products are exempt from the mercury content limits:

  • Any pharmaceuticals, pharmaceutical products, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetics Act, 21 USC 301 et. seq. (CGS Section 22a-625)
  • Any mercury-added products with a code or date of manufacture indicating they were manufactured prior to January 1, 2004. (CGS Section 22a-623(b))
  • Any mercury-added products for which the manufacturer provides documentation that the product was manufactured prior to January 1, 2004. (CGS Section 22a-623(b))
  • Any motor vehicles with a code or date of manufacture prior to October 1, 2003. (CGS Section 22a-623(b))
  • Any motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003. (CGS Section 22a-623(b))
  • Products that contain mercury containing lamps for backlighting that are not easily removed by a purchaser. (CGS Section 22a-617(a))
  • Specialized lighting used in the entertainment industry such as metal halide lights are exempt from these requirements. (CGS Section 22a-617(a))
  • When the level of mercury or mercury compounds contained in the product are necessary to comply with federal or state health or safety requirements. (CGS Section 22a-618(a))
  • High intensity discharge lamps containing more than 100 mg of mercury but less than 1 gram of mercury are subject to phaseout as of July 1, 2013 (CGS Section 22a-617(a))

What mercury-added products, if any, are exempt from the labeling requirements?
The following products are exempt from the labeling requirements:

  • Any pharmaceuticals, pharmaceutical products, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetics Act, 21 USC 301 et. seq. (CGS Section 22a-625)
  • Medical equipment intended for use by medical personnel (CGS Section 22a-619(g)(8))
  • Mercury-added products with a code or date of manufacture indicating they were manufactured prior to January 1, 2004. (CGS Section 22a-623(b))
  • Mercury-added products for which the manufacturer provides documentation that the product was manufactured prior to January 1, 2004 (CGS Section 22a-623(b))
  • Motor vehicles with a code or date of manufacture prior to October 1, 2003. (CGS Section 22a-623(b))
  • Motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003. (CGS Section 22a-623(b))
  • Packaging component containing any mercury, as defined in subdivision (3) of Section 22a-255h of the Connecticut General Statutes. (CGS Section 22a-613(2))

Are any mercury-added products exempt from the collection system plan requirement?
Yes, the following mercury-added products are exempt from the collection system plan requirement:

  • Formulated mercury-added products intended to be consumed in use, including, but not limited to, reagents, cosmetics, pharmaceuticals, other laboratory chemicals, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetics Act, 21 USC 301 et. seq. (CGS Section 22a-620(f)(1) and 625)
  • Fabricated mercury-containing products where the only mercury is contained in a component that cannot feasibly be removed by the purchaser including, but not limited to, electronic products whose only mercury-added component is a mercury-containing lamp used for backlighting provided such manufacturer or trade association maintains a internet-based service to provide information on recycling and safe disposal of such products. (CGS Section 22a-620(f)(2))
  • Photographic films and papers. (CGS Section 22a-620(f)(3))
  • Mercury-containing lamps if the manufacturer or trade association maintains a toll-free telephone number and an internet-based service to provide information on recycling and safe disposal of such lamps and directs consumers to such telephone number and service on package label. (CGS Section 22a-620(f)(4))
  • Mercury-added product for which the Commissioner of Environmental Protection determines a collection system plan is not feasible. (CGS Section 22a-620(f)(5))
  • Mercury-added products with a code or date of manufacture indicating they were manufactured prior to July 1, 2003. (CGS Section 22a-623(c))
  • Mercury-added products for which the manufacturer provides documentation that the product was manufactured prior to July 1, 2003. (CGS Section 22a-623(c))
  • Motor vehicles with a code or date of manufacture prior to October 1, 2003. (CGS Section 22a-623(c))
  • Motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003. (CGS Section 22a-623(c))
  • Effective July 1, 2006, button cell batteries containing mercury or any product containing such batteries. (CGS Section 22a-620)

Contact Information and Assistance

Related Fact Sheets
Manufacturer Notification of Mercury-added Products
Phase-out Requirements for Mercury-added Products
Labeling Requirements for Products that Contain Mercury
Mercury-added Product Collection System Plan

All environmental fact sheets are designed to provide basic information and to answer general questions. You must refer to the appropriate Connecticut General Statutes for the specific definitions and statutory requirements. 

Content Last Updated on December 15. 2006

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