As used in this article, the following terms
shall have the meanings indicated:
CITY
The City of Chicopee.
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 of
domestic distributor.
MERCURY THERMOMETER
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.
A person shall not sell or supply (including
online 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 to manufacture
a mercury thermometer in the City.
It shall be unlawful for any facility to import,
purchase, or distribute a mercury thermometer in the City, except
in the case of medical necessity as determined by a licensed physician.
Six months after the adoption of this article,
a person may not sell or supply mercury fever thermometers to consumers
and patients.
Any person who violates this article shall be
guilty of a misdemeanor, punishable by not more than $500 per unit
sold.
The enforcing agent is the Health Department.