Important Notice to Lighting Vendors and Contractors

If you sell fluorescent or other mercury-added lamps or if you are in the business of removing and replacing such lamps, a new Maine law may require you to provide written notice to your purchasers or clients regarding the mercury content of the lamps.
Effective August 11, 2000, a person who sells mercury-added lamps in bulk for use in an industrial, commercial or office building must inform the purchasers in writing that the lamp contains mercury. A contractor in the business of removing mercury-added lamps, including streetlights and other outdoor lighting, must inform their clients that the lamps being removed contain mercury and must disclose the contractor’s arrangements for management of the lamps.

Text of new law The new law reads as follows:

"Mercury-added lamps; large use applications. A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.

A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work is being done that the lamps being removed from service contain mercury and what the contractor's arrangements are for the management of the mercury in the removed lamps." See Title 38, Maine Revised Statutes Annotated, Chapter 16-B, § 1662, sub-§ 2.

Department guidance

The guidelines below explain the Department’s intentions with respect to interpretation and enforcement of the notice requirements for mercury-added lamps.
Guidelines for Lamp Wholesalers and Retailers
Guidelines for Lamp Removal Contractors

Guidelines for Lamp Wholesalers and Retailers - Persons who sell fluorescent or other mercury-added lamps to the owner or operator of an industrial, commercial or office buildings or to a person who replaces or removes such lamps from outdoor lighting must provide written notice to the purchaser.

Wholesalers - The department recommends that electrical supply companies and others who routinely sells lamps in bulk, or who hold themselves out as wholesalers, provide the required notice for all sales of fluorescent or other mercury-added lamps. However, the notice is required only for lamp sales to owners or managers or industrial, commercial or office buildings. The notice is not required for lamps sold to retailers for resale or lamps sold to homeowners for use in the home.

Retailers - The purchaser notification requirement does not apply to "incidental" sales of mercury-added lamps by retail establishments. The department will consider retail sales transactions involving less than 200 lamps to be incidental such that notice is not required. However, we encourage retailers to provide the notice for all lamp sales.

Notice content and wording. At a minimum, the required notice must clearly inform the purchaser that the lamps contain mercury and that they may not be placed in the trash. The written notice must appear on or be attached to the sales invoice. We suggest the following wording:

The lamps listed on this invoice contain mercury, a toxic substance that accumulates in plant and animal tissue when released to the natural environment. To minimize mercury releases, the State of Maine prohibits disposal of the lamps in the trash. Spent lamps should be stored to avoid breakage and recycled in accordance with the Maine Hazardous Waste Management Rules, as outlined in DEP's Universal Waste Handbook.

Guidelines for Lamp Removal Contractors - Contractors who remove fluorescent or other mercury-added lamps in industrial, commercial or office buildings, or who remove mercury-added lamps from outdoor lighting, must provide the written notice to their clients.

Notice content and wording. At a minimum, the notice must inform the client that the lamps being removed contain mercury and must describe the contractor’s arrangements for management of the removed lamps. We suggest the following wording:
"Pursuant to our agreement, I [will remove, removed] lamps from your building at [building address]. The lamps contain mercury, a toxic substance that accumulates in plant and animal tissue when released to the natural environment. To minimize mercury releases, the State of Maine prohibits the disposal of the lamps in the trash. Accordingly, I arranged for the lamps be collected and sent to [name and place of business of recycling vendor] for recycling. The lamps [will be, were] stored and shipped in accordance with the universal waste requirements of the Maine Hazardous Waste Management Rules."

Lamp management rules. Spent lamps may not be placed in the trash for disposal in a solid waste landfill or incinerator. Lamp removal contractors must manage the lamps in accordance with the Maine Hazardous Waste Management Rules, as outlined in DEP's Universal Waste Handbook.