§ 27-2107. Prohibitions.\n 1. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge in the state any\nmercury-added novelty consumer product. A manufacturer that produces or\nsells mercury-added novelty consumer products shall notify retailers\nthat sell mercury-added novelty consumer products about such product ban\nand inform such retailers of how to properly dispose of the remaining\ninventory.\n 2. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge mercury fever\nthermometers or mercury body thermometers except by prescription written\nby a physician. A manufacturer of such thermometers shall provide the\nbuyer or the recipient with notice of mercury content, instructions on\nproper disposal and instructions that clearly describe how to carefully\nhandle the thermometer to avoid breakage and on proper cleanup should a\nbreakage occur.\n 3. On or after January first, two thousand five, no person shall sell,\noffer for sale or distribute free of charge in the state elemental\nmercury, other than within a mercury-added consumer product, without\nrequiring the final purchaser or recipient to sign a statement that the\npurchaser will use the mercury only for medical, pre-encapsulated dental\namalgam, research, or manufacturing purposes.\n 4. On or after September fourth, two thousand four, no primary or\nsecondary school in New York state may use or purchase elemental\nmercury. Mercury-added consumer products which are not otherwise\nprohibited by this title that are used by schools are not subject to\nthis prohibition.\n 5. On or after January first, two thousand six, no person shall sell,\noffer for sale or distribute the following mercury-added consumer\nproducts:\n (a) mercury barometers;\n (b) mercury esophageal dilators, mercury bougie tubes or mercury\ngastrointestinal tubes;\n (c) mercury flow meters;\n (d) mercury hygrometers or mercury psychrometers; and\n (e) mercury pyrometers;\n The provisions of this subdivision shall not apply to the sale or\ndistribution of any mercury-added consumer product delineated in this\nsubdivision if such product is used to replace a product that is a\ncomponent in a larger product in use prior to January first, two\nthousand six, or the resale of any mercury-added consumer product\ndelineated in this subdivision manufactured before December\nthirty-first, two thousand five.\n 6. On or after January first, two thousand seven, no person shall\nsell, offer for sale or distribute any mercury hydrometer or mercury\nmanometer. The provisions of this subdivision shall not apply to the\nsale or distribution of any mercury-added consumer product delineated in\nthis subdivision if such product is used to replace a product that is a\ncomponent in a larger product in use prior to January first, two\nthousand seven, or the resale of any mercury-added consumer product\ndelineated in this subdivision manufactured before December\nthirty-first, two thousand six.\n 7. On or after January first, two thousand eight, no person shall\nsell, offer for sale or distribute any mercury switch or mercury relay\nindividually or as a product component. The provisions of this\nsubdivision shall not apply to the sale or distribution of any\nmercury-added consumer product delineated in this subdivision if such\nproduct is used to replace a product that is a component in a larger\nproduct in use prior to January first, two thousand eight, or the resale\nof any mercury-added consumer product delineated in this subdivision\nmanufactured before December thirty-first, two thousand seven.\n 8. On or after January first, two thousand twelve, no person shall\nsell, offer for sale or distribute any mercury sphygmomanometer, mercury\nwetted reed relay, mercury flame sensor, mercury thermometer, or mercury\nthermostat, except for mercury thermostats used by a blind or visually\nimpaired person
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