06- 096 C.M.R. ch. 870, § 2 - Definitions

The following terms, as used in this rule, have the following meanings:

A. Button battery. "Button battery" means a battery resembling a button or coin in size and shape.

B. Department. "Department" or "DEP" means Department of Environmental Protection.

C. IMERC. "IMERC" means the "Interstate Mercury Education and Reduction Clearinghouse" as constituted under the auspices of the Northeast Waste Management Officials' Association. The department, as authorized under 38 MRSA §1671, has joined in the formation of this regional, multistate clearinghouse to coordinate administration of state laws on mercury-added products. IMERC is authorized by its member states to serve as a single point of contact for manufacturers seeking to comply with these laws.

D. Manufacturer."Manufacturer" means a person who produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multi-component mercury-added product, the last person to produce or assemble the product is a manufacturer. If a multi-component product is produced in a foreign country, the importer or domestic distributor is the manufacturer.

E. Mercury-added product. " Mercury-added products" means any of the following items if mercury or a mercury compound is intentionally added during formulation or manufacture of the item to provide a specific characteristic, appearance or quality, or to perform a specific function:

(1) A thermostat or thermometer;

(2) A switch, valve or other device, individually or as part of another product, used to measure, control or regulate gas, other fluids or electricity;

(3) A medical or scientific instrument such as a manometer, sphygmomanometer or barometer;

(4) An electric relay or other electrical device; and.

(5) A lamp.

The term "mercury-added product" does not include a button battery or a product in which one or more button batteries are the only mercury-added components.

F. MRSA. "MRSA" means the Maine Revised Statutes Annotated.

G. Person. "Person" means an individual, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture.

H. Retailer. "Retailer" means any person who sells a mercury-added products in Maine, including persons who sell directly to consumers and persons who sell to others for resale.

Notes

06- 096 C.M.R. ch. 870, § 2