The following definitions shall apply in the interpretation
and implementation of this chapter:
HEALTH CARE FACILITY
Any hospital, nursing home, skilled nursing facility, 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 thermometer. If the mercury thermometer is produced
in a foreign country, the manufacturer is the importer or domestic
distributor.
MERCURY THERMOMETER
A product, device, instrument or equipment into which elemental
mercury or mercury compounds are intentionally added during its formulation
or manufacture and that is used to measure body temperature.
It shall be unlawful for any person in the Town of Cohasset
to sell or supply, through wholesale, retail, or online retail distribution
channels, a mercury thermometer to consumers and patients, except
by prescription. No mercury thermometer may be sold through prescription
unless the manufacturer thereof shall supply clear instructions in
writing to the consumer or patient on the careful handling of the
thermometer to avoid breakage and proper cleanup should a breakage
occur.
It shall be unlawful for any person to manufacture a mercury
thermometer in the Town of Cohasset.
It shall be unlawful for any health care facility to import,
purchase, or distribute a mercury thermometer in the Town of Cohasset,
except in the case of medical necessity as determined by a licensed
physician.
Any person who violates this bylaw shall, for each offense,
be punished by a fine of not more than $100 per mercury thermometer.
This chapter shall take effect January 1, 2002.