Section 250-RICR-140-20-3.6 - Restrictions on Mercury-Added NoveltiesA. Mercury-Added Novelties: After January 1, 2003, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island. This ban on sale, use or distribution does not apply to a novelty incorporating one or more mercury-added button cell batteries as its only mercury-added component.B. A mercury-added product which meets the definition of a mercury-added novelty in § 3.6 of this Part and meets one or more of the following criteria in §§ 3.6(B)(1) through (3) of this Part is a mercury-added novelty and subject to the January 1, 2003 deadline. (Not all criteria in §§ 3.6(B)(1) through (3) of this Part need to be met for a mercury-added product to be a mercury-added novelty for the purposes of these regulations.) 1. Mass produced and distributed for promotional or advertisement purposes;2. Easily or regularly discarded into the waste-stream;3. Reasonably understood to be a non-essential product.C. Product Specific Novelty Determination: Manufacturers may request that the Department evaluate a specific mercury-added product to determine if it is a mercury-added novelty under these regulations. In evaluating these products, the Department shall consider the criteria in § 3.6(B) of this Part and may take into consideration whether an alternative non-mercury-added product, similar in function, size and price, exists. The Department is authorized to request any additional written information it deems necessary to make an appropriate determination. All fees required pursuant to § 3.13 of this Part for product specific novelty determinations shall be paid to the Department at the time that the determination is requested.D. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this product ban § 3.6 of this Part, Restrictions on Mercury-Added Novelties). The notification by manufacturers to retailers of mercury-added novelty items, shall include the following information: 1. A statement that pursuant to R.I. Gen. Laws § 23-24.9-6, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island after January 1, 2003;2. The specific product(s) from the manufacturer covered under the notification; and,3. Information on how to properly dispose of the remaining inventory, including at a minimum that any remaining stock of mercury-added novelties must be recycled or disposed as hazardous waste in accordance with regulations promulgated pursuant to R.I. Gen. Laws Chapter 23-19.1 (The Rhode Island Hazardous Waste Management Act).E. The restrictions on the sale and distribution of mercury-added novelty items shall not apply to novelty items containing a mercury-added button cell battery if the battery is the only mercury or mercury-added component in the item.250 R.I. Code R. 250-RICR-140-20-3.6