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GOVERNOR PATAKI SIGNS BILL THAT BANS THE SALE OF TOY AND NOVELTY PRODUCTS CONTAINING MERCURY IN NEW YORK STATE

New Law Will Ban Toys Like the "Spiderman 2" Mercury-based Cereal Box Toy

Governor George E. Pataki today announced that he has signed into law legislation that bans mercury-added novelty products in New York State and requires new labeling and recycling of other mercury-added consumer products. The new law also prohibits schools from using mercury in the classroom.

The Governor signed the bill into law in the wake of the recent revelation that a "Spiderman 2" toy found in some cereal boxes is powered by a battery, which is not easily removed, that contains mercury, an element identified as a toxic pollutant. The new law will ban the sale or giveaway of toy/novelty products like the "Spiderman 2" toy, once the law becomes effective on January 1, 2005.

"When this important new law takes effect, it will ban mercury-based toys and novelty products in New York -- just like the 'Spiderman 2' toy that is causing such concern for parents and families in New York and across the nation," Governor Pataki said. "This new law will protect consumers - and most importantly our children -- from the potentially harmful effects of mercury and reduce the amount of mercury-containing waste that is sent to our landfills."

"The new legislation requires that mercury-added products are disposed of in a proper way and recycled for future use, so that we can ensure that the mercury never ends up polluting a lake or river in any one of our communities across New York," the Governor added.

Westchester County Executive Andrew Spano, who earlier this month called upon Kellogg's to voluntarily recall its cereals that contain a toy that has mercury, said, "I was outraged that Kellogg's refused to recall this product in New York, after it recalled the product in Connecticut and New Hampshire. Kellogg's said we didn't have a law that required them to do so. Well, now we do have a law, and I expect Kellogg's to act promptly to protect children and the environment by recalling this product. Mercury is bad for the environment and bad for people whether you live in New York, Connecticut or any place else."

Senator Carl L. Marcellino said, "The potential effects of direct exposure to mercury can be devastating to your health. This law will result in the reduction of mercury in consumer products, and better educate the public about the dangers of mercury. With proper handling procedures we will reduce the number of people exposed to mercury and safeguard their health and the health of our environment.Governor Pataki must once again be applauded for protecting the well-being of all New York residents."

Assemblyman Thomas P. DiNapoli, chair of the Assembly Environmental Conservation Committee and the legislation's sponsor said, "Mercury from our waste stream poses a toxic threat. This law is an important step in reducing that threat by limiting its sale and use and ensuring proper disposal."

The new law bans mercury-added novelty products from being offered for sale, sold or distributed free of charge in New York State. Mercury-fever thermometers are also banned unless prescribed by a doctor. Primary and secondary school are also prohibited from purchasing or using elemental mercury in the classroom.

It also includes a new labeling requirement that will require manufacturers of mercury-added consumer products sold or offered for sale in New York State to clearly mark the products with a warning. The warning must stipulate that mercury is present and that the product can not be disposed of as solid waste until the mercury is removed and reused or recycled.

The statute imposes civil penalties and fines on those who violate its provisions, and mandates the deposit of any and all fines into the State's Environmental Protection Fund.

Teresa A. Santiago, Chairperson and Executive Director of the New York State Consumer Protection Board said, "Today, Governor Pataki and the Legislature have given us new tools with which to protect our State and its children. With this law, New York State will now be able to do even more to protect the health of our children and save them from the harmful consequences of mercury poisoning."

DEC Commissioner Erin M. Crotty said, "Governor Pataki continues to demonstrate his commitment to reducing mercury in our air, water, wildlife and other natural resources in New York State. This new law will help lessen the harmful impacts of mercury contamination from improper labeling and disposal, further protecting the environment and public health of our communities."

Mercury-added products include thermostats, thermometers, switches, medical or scientific instruments, electrical relays, and lamps and batteries - excluding button batteries. Disposal of mercury-added products must be done through a collector, solid waste management facility, recycling facility or authorized hazardous waste facility.

The so-called "Spidey-Signal" toy - a promotional tie-in with the new Spiderman 2 movie - uses the mercury-powered battery to project a web-shaped light. The children's toy comes with the warning "Battery in toy contains mercury, dispose of properly." However, the battery is not easily removable and cannot be replaced. The Spiderman toy recently became available nationwide in Kelloggs' cereal boxes, including Frosted Flakes and Rice Krispies, prompting many to call for its removal from store shelves.

Also, mercury is a toxic pollutant that accumulates in the environment and can be found in fish that humans eat, causing neurological damage. Pregnant women and children are particularly vulnerable, and many women of child-bearing age can be exposed to unsafe levels of the pollutant.

The new law also establishes an Advisory Committee on Mercury Pollution, appointed by the Governor and the State Legislature. The committee will be required to report on the extent and health effects of mercury contamination, methods and costs associated with reducing risks from mercury contamination and other related topics.

Additionally, the measure signed by the Governor calls on the State's Department of Environmental Conservation to develop informational materials to educate the public about the dangers of mercury, as well as requirements for proper disposal.

The ban on the use of mercury in schools takes effect this coming school year. The other provisions of the law take effect on January 1, 2005.

For complete Mercury Product Legislation, please click here.