OAR 340-090-0510: Mercury Thermostat Labeling

The following administrative rule establishes standards for labeling mercury-containing thermostats as ORS 459.045(3)(b) requires relating to the implementation of ORS 646.608(1)(y). The purpose of this rule is to provide sufficient information to purchasers of thermostats to ensure that the mercury contained in the thermostats does not become part of the solid waste stream or wastewater. (1) As used in this rule, "thermostat" and "mercury-containing thermostat" mean a device commonly used to sense and, through electrical communication with heating, cooling, or ventilation equipment, control room temperature. (2) All mercury-containing thermostats sold in Oregon must meet the following labeling requirements: (a) The mercury-containing thermostat must have a label that contains the following information: (A) The wording "Contains Mercury. Manage Properly." (B) An icon containing the symbol of a person dropping an object into a trashcan with a circle and slash overprinted on the image, indicating "Do not dispose in trash". (b) The label must be affixed to the product so that the label is clearly visible and legible. The font size for print on the label must be no smaller than 10 point. (c) The label affixed to the product must be printed, mounted, molded, engraved or otherwise affixed, using materials that are sufficiently durable to remain legible for the useful life of the product. (d) If the product is sold in packaging that obscures the label on the product, then the packaging also must have a label meeting the same standards as the product label. If, prior to the sale, a retailer re-packages the product, then the retailer must label the new packaging in accordance with this rule. (3) Failure to meet the provisions of this rule may result in enforcement under the provisions of the Unlawful Trade Practices Act, ORS 646.605 to 625.