Ohio Legislature Given Bill to Ban Products "Containing Mercury"

In a 2004 action reminiscent of the infamous Delaney Clause, a senator in the Ohio state legislature introduced bill SB 274 which in effect would ban the sale of any products in Ohio that contain mercury – unless the producer could obtain an exemption from the Ohio Environmental Protection Agency. In its first incarnation, the bill appears to be based on a threshold of one milligram of mercury content as a guideline for defining a product “containing mercury.” The bill also would implement the ban in two phases: first, all producers of mercury-containing products would have to register their products with the state; second, in 2007 all such products would have to be granted an exemption by the Ohio EPA.

In addition, the legislation creates labeling requirements for all products containing mercury. Moreover, it enables a provision allowing county prosecutors and the state attorney general to initiate actions against producer of mercury-containing products who do not have proper exemptions.