Section 250-RICR-140-20-3.8 - Labeling of Mercury-Added ProductsA. General Labeling Requirements. Except as provided for in § 3.8(B) of this Part regarding motor vehicle components, after January 1, 2006, a manufacturer or retailer shall not sell a mercury-added product in Rhode Island unless the manufacturer complies with one of the following: 1. Labels the product in accordance with the standards set forth in §§ 3.8(C) and (D) of this Part; or,2. Conforms to the terms of an approved alternative compliance plan under § 3.8(E) of this Part; or,3. Documents to the Department under § 3.8(F) of this Part that the product is labeled in compliance with labeling requirements enacted by another state.B. Labeling of Motor Vehicle Components. Beginning January 1, 2006, each new motor vehicle sold on or after that date must have a label listing the mercury-added products that may be components in the vehicle. The label must be affixed in a visible location on the doorpost of the driver's compartment (and not on the door itself) unless a different location is proposed by the manufacturer and approved by the Department under § 3.8(E) of this Part or used by another state in accordance with § 3.8(F) of this Part. The label wording and font size also must be approved by the Department or another state. In approving an alternative compliance plan for motor vehicles under § 3.8(E) of this Part, the Department may not require a label to be affixed to individual mercury-added components unless proposed by the manufacturer.C. Labeling Standards. Prior to sale of a mercury-added product, the manufacturer of the product shall affix or cause to be affixed a label that conforms to the requirements of this Part. 1. Labeling Content. Clearly informs the purchaser and consumer, using words or symbols, that the product contains mercury and may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that mercury does not become part of solid waste or wastewater. The following wording is acceptable: a. Contains Mercury. Don't Put in Trash. Recycle or Manage as Hazardous Waste; or 2. Label Placement a. Labels shall be placed on the mercury-added component, any larger product that contains the component, and the package.b. The label must be located on a surface of the product. If the product has physical characteristics (such as extreme hot or cold temperatures, the product surface is too small or attachment of a label directly on the surface interferes with the specific function of the product), then a manufacturer can submit an alternative labeling request.c. For products that incorporate mercury-added components, both the incorporated component and the larger product must be labeled. The label on the larger product must identify and describe each mercury-added component. The label should also identify where in the larger fabricated product each component is found.d. The label must be affixed to the product such that the label is clearly visible and legible. A label printed using 10 point font or larger is presumed to be legible.e. Labels affixed to products must be printed, mounted, molded, engraved or otherwise affixed using materials that are sufficiently durable to remain legible under the conditions of product's intended use and the useful life of the product.3. Product Package Labeling a. Labels are required on mercury-added product packaging, except when the product either has no package or is not packaged in a conventional type of packaging (where a label cannot be affixed such as shrink wrap, crated or loaded on pallets).b. Labels are not required on a "clam shell" type package where the product label can easily be viewed through the clear packaging.c. If component replacement parts are sold as an individual item to end use consumers, the replacement part package must be labeled.d. If a manufacturer purchases a product from another manufacturer and repackages the product to identify the product with their own company name, the manufacturer repackaging the product is responsible for re-labeling the package.e. Where the purchaser or recipient is unable to view the labels on the product or product packaging at the time of purchase or receipt, such as in catalog sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly inform the purchaser or recipient that the product contains mercury.4. Mercury-Added Component Parts. Except as otherwise provided in § 3.8(B) of this Part (motor vehicles components), mercury-added products that are components of larger products offered for sale in Rhode Island must be labeled in accordance with the requirements of § 3.8 of this Part. If the component is enclosed in the larger product such that the label on the component cannot be seen, then the product containing the component also must be labeled in accordance with the requirements of this Part and the label must identify the component in sufficient detail so that it may be readily located for removal. If the component is incorporated in the larger product such that the label on the component is fully visible, then labeling of the larger product is not required.5. Alternative Labeling Compliance Plan. A manufacturer may apply to the Department for approval to carry out an alternative compliance plan in lieu of compliance with the requirements of §§ 3.8(B) through (D) of this Part. All fees required for alternative labeling compliance plans pursuant to § 3.13 of this Part shall be submitted to the Department at the time of application. a. Application. An application for approval of an alternative compliance plan must be in writing and must: (1) Identify each requirement of these regulations (e.g. font size; placement of the label directly on the product) for which alternative compliance is proposed;(2) Describe the proposed alternative and explain the justification for it;(3) Describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;(4) Describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;(5) Document the readiness of all necessary parties to implement the proposed alternative; and,(6) Describe the performance measures to be used by the manufacturer to demonstrate that the alternative is providing effective pre-sale and pre-disposal notification.b. Application Review. The Departments review of a proposed alternative compliance plan shall consider the feasibility of compliance with the requirements of §§ 3.8(B) through (D) of this Part and whether the proposed alternative would be at least as effective as the regulations in providing pre-sale notification of mercury content and instructions on proper management as well as other factors. Based on its review, the Department may approve, conditionally approve or reject an application for alternative compliance.c. Duration. An alternative labeling compliance plan may be approved for a period of no more than three (3) years and may be renewed upon request, provided that, the applicant demonstrates continued eligibility under the criteria of this Part and is in full compliance with the conditions attached to its prior approval. Requests for renewal must be submitted to the Department in writing at least 90 days prior to expiration. The request must indicate any changes in the product or packaging covered by the plan or any changes in the conditions cited by the manufacturer in support of its original request to carry out an alternative compliance plan.6. Consistency with Other States. The manufacturer of a mercury-added product may comply with the labeling requirement of Rhode Island law by labeling all units of the product sold in Rhode Island in compliance with corresponding labeling requirements adopted by another state. Submittal of these documents to the Department by the manufacturer constitutes compliance with this Section unless, within 45 days of receipt by the Department, the Department notifies the manufacturer that the label or labeling alternative violates Rhode Island law and explains in writing the nature of the violation. A manufacturer may comply in this manner by providing the Department with the following documents: a. A copy of the label as it will appear on products and product packaging sold in Rhode Island;b. A copy of the letter approving the use of the label in another state; and,c. A copy of the application or labeling plan approved by that state.7. Mercury-Added Lamps, Large Use Applications. A person who sells mercury-added lamps in bulk for use in industrial, commercial or office buildings must inform the purchaser (e.g., by written notice on the sales invoice or in a separate document) that the lamps contain mercury, a federally regulated hazardous substance, and must be managed as hazardous/universal waste.8. In accordance with R.I. Gen. Laws § 23-24.9-8, § 3.8 of this Part does not apply to mercury-added button cell batteries and products whose only mercury component is a mercury button cell battery or mercury-added lamp, although the individual lamps are subject to the labeling requirement of § 3.8 of this Part.250 R.I. Code R. 250-RICR-140-20-3.8