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Requesting an Exemption to the Mercury-Added Product Sales Ban

Mercury Waste Home | Managing Mercury Waste Fact Sheet

Reducing the Impact of Mercury in California | AB 1415 Sales Ban Exemptions

In 2006, the passing of Assembly Bill (AB) 1415 enacted a ban on the sale and distribution of mercury-containing products in California. This bill states that if your products:

then you must request an exemption by the Department of Toxic Substances Control (DTSC) if you wish to sell your mercury-containing products in the state of California.

AB 1415 - Banning Sales of Mercury-Containing Products

Learn more about AB 1415 and what is is included in the sales ban

Exemptions that Require Notification to DTSC

Assembly Bill (AB) 1415 exempts certain products containing mercury devices and specific mercury switches sold in California only if the manufacturer notifies the Department of Toxic Substances Control (DTSC) of their intent to operate under an exemption. The following manufacturers may submit a notification for an exemption:

  1. A manufacturer of mercury switches containing less than 1 milligram of mercury
  2. A manufacturer of a refurbished imaging or therapy system (that includes a mercury switch or relay) used for medical diagnostic purposes manufactured before July 1, 2006

All notifications must be signed, dated, and include all required information. Notifications are valid for three years, so a new notification must be resubmitted when the three-year period expires.

Exemptions for Products Containing Mercury Switches and Relays Require Notification to DTSC

AB 1415 allows manufacturers of products that contain mercury switches and relays, or their trade groups, to request an exemption from DTSC. All exemption requests that are submitted must be approved, and the manufacturer or trade group must be contacted by DTSC before the exemption is valid.

A manufacturer or trade group can only apply for an exemption for a product for which there is no technically feasible alternative, at a reasonable cost. 

All requests must be signed and dated, and all exemptions granted by DTSC are valid for three years. A request for a new exemption must be resubmitted when the three-year period expires.

Waiting for Approval of an Exemption Notification

Manufacturers of mercury switches or relays and manufactures of refurbished imaging and therapy systems are not required to wait for DTSC to grant an exemption; however, if DTSC determines a submitted notification to be incomplete, the exemption will not be valid until all requirements set forth in AB 1415 are met.

What Information Must Be Included When A Manufacturer Submits An Exemption Request?

Select the manufacturer type that describes your business operations in order to jump to a relevant list of information that must be included in your exemption notification or request. All information must thoroughly address the requirements listed for each type of manufacturer.

Manufacturer of Mercury Switches

Manufacturer of a Refurbished Imaging or Therapy System

Manufacturer of Products Containing Mercury Switches or Relays

Manufacturer of Mercury Switches

NOTE The mercury switches must contain less than 1 milligram of mercury.

  1. Name of the manufacturer
  2. Contact person including name, position and phone number and/or email
  3. Name of the mercury switch or relay and a description of its use
  4. Manufacturer must certify the switch or relay:
    • Is hermetically sealed
    • Is intended for industrial use in test and measurement instruments or monitoring and control applications
    • Has no equivalent non-mercury alternative (considering all aspects including performance, size, cost, etc.)
  5. The manufacture, individually, or collectively with an industry or trade group must develop and implement a collection program to ensure all mercury switches or relays exempted from mercury restrictions are properly collected and disposed.
  6. Education and outreach must be provided and include information that a collection program exists for mercury switches and relays and that these devices can not be disposed of in the trash.

Manufacturer of Refurbished Imaging or Therapy Systems

NOTE The imaging or therapy system must be used for medical purposes and manufactured before July 1, 2006.

  1. Name of the manufacturer
  2. Contact person including name, position and phone number and/or email
  3. Name of the imaging or therapy system and a description of its use
  4. Manufacturer must certify the following:
    • The switch or relay is integrated into the system
    • The system was made before July 1, 2006
  5. The manufacturer, individually or collectively with an industry or trade group, must develop and implement a collection program to ensure all mercury switches or relays exempted from mercury restrictions are properly collected and disposed.
    • Education and outreach—must be provided and include information that a collection program exists for mercury switches and relays and that these devices can not be disposed of in the trash.

Manufacturer of a Product That Contains a Mercury Switch or Relays

NOTE The exemption request may be submitted by a trade group representing a manufacturer.

  1. Name of the manufacturer/trade group
  2. Contact person including name, position and phone number and/or email
  3. Name of the product and a description of its use
  4. Name of the mercury switch or relay including:
    • Name of the manufacturer
    • Explanation of its function
  5. Manufacturer must show that there is no equivalent non-mercury alternative (considering all aspects including performance, size, cost, etc.) and describe:
    • Efforts being done to develop alternatives
    • Alternatives that have been considered and technical and economical reasons why they have not worked
  6. Information that the switch or relay is constructed to prevent release of mercury
  7. The manufacture, individually, or collectively with an industry or trade group must develop and implement a collection program to ensure all mercury switches or relays exempted from mercury restrictions are properly collected and disposed.
    • Education and outreach—must be provided and include information that a collection program exists for mercury switches and relays and that these devices can not be disposed of in the trash.
    1.  

Administrative Fees for Manufacturers of Products that Contain Mercury Switches or Relays

When manufacturers or trade groups request an exemption for products that contain mercury switches or relays, the manufacturer or trade group are also required to enter into a written agreement to reimburse the Department of Toxic Substances control (DTSC) for all costs incurred in processing and responding to that request. [HSC § 25214.8.5(d)]

When a request for an exemption is received, DTSC will contact the manufacturer or trade group and provide:

  • A detailed description of the work to be performed by DTSC
  • An estimated billing rate for all classes of DTSC employees reviewing the request
  • An estimate of all other expected charges to the manufacturer or trade group

NOTE All charges may be adjusted if new information supports the adjustment.

Additional Resources

HSC = Health and Safety Code

For Additional Questions, Contact the Regulatory Assistance Office

Toll-Free in CA: 800-728-6942 or 800 72-TOXIC
Outside CA: 916-324-2439
Email: RAO@dtsc.ca.gov

Last updated: December 12, 2022

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