Request an Exemption

Exemptions that Require Notification to DTSC

AB 1415 exempts certain products containing mercury devices and specific mercury switches sold in California only if the manufacturer notifies DTSC. 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 and dated and are valid for three years. A new notification must be resubmitted when the three-year period expires.

Additional Exemptions that Require Notification to DTSC

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

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.

What Type of Information must a Manufacturer Submit to DTSC?

Please click on the type of manufacturer you are to see what information must be included in the notification or request to DTSC. All information must thoroughly address the requirements listed for each type of manufacturer.

• Manufacturer of mercury switches containing less than 1 milligram of mercury
• Manufacturer of a refurbished imaging or therapy system (must be used for medical purposes and manufactured before July 1, 2006)
• Manufacturer of a product that contains mercury switches or relays (can be submitted by a trade group representing a manufacturer)

Notifications Submitted to DTSC

Manufacturers of mercury switches or relays that contain less than 1 milligram of mercury and of refurbished imaging and therapy systems are not required to wait for DTSC to grant an exemption. However, notifications submitted that are determined by DTSC to be incomplete will not be valid until the requirements set forth in AB 1415 are fulfilled.

Administrative Fees for Manufacturers of Products that Contain Mercury Switches or Relays (Health & Safety Code § 25214.8, subd. [b] [7])

When manufacturers or trade groups request an exemption for products that contain mercury switches or relays they are also required to enter into a written agreement to reimburse DTSC for all costs incurred in processing and responding to that request.

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

• 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

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

This law can found in Health and Safety Code, Division 20, Chapter 6.5, Article 9.2 (Sections 25206.1-25206.4).