As used in this chapter, the following terms shall have the
meanings indicated:
HEALTH-CARE FACILITY
Any hospital, nursing home, extended-care facility, long-term
care facility, clinic or medical laboratory, state or private health
or mental institution, clinic, physician's office or health maintenance
organization.
MANUFACTURER
Any person, firm, association, partnership, corporation,
governmental entity, organization, combination, or joint venture that
produces a mercury fever thermometer. If the mercury thermometer is
produced in a foreign country, the manufacturer is the importer or
domestic distributor.
MERCURY THERMOMETER
A mercury-containing product that is used to measure body
temperature. A "mercury-containing product" is a product, device,
instrument or equipment into which elemental mercury or mercury compounds
are intentionally added during its formulation or manufacture and
in which the continued presence of mercury is desired to provide a
specific characteristic or to permit a specific function.
No person or business shall sell or supply (including on-line
retail) mercury fever thermometers to consumers and patients, except
by prescription. The manufacturers of mercury fever thermometers shall
supply clear instructions on the careful handling of the thermometer
to avoid breakage and proper cleanup should a breakage occur, with
all mercury fever thermometers sold through prescriptions.
It shall be unlawful for any person or corporation to manufacture
a mercury thermometer in the Town of Greenfield.
It shall be unlawful for any facility to import, purchase, or
distribute a mercury thermometer in the Town, except in the case of
medical necessity as determined by a licensed physician.
Any person who violates this chapter shall be guilty of a misdemeanor,
punishable by a fine of not more than $500 per violation.