MERCURY THERMOMETERS (Supervisor Leno)

Amending Chapter VIII, Part 2 of the San Francisco Municipal Code (Police Code) by Adding Article 42B, Prohibiting the Manufacture, Importation and Retail Sale of Mercury Thermometers, and Specifying that a Violation of the Prohibition is a Misdemeanor.

Existing Law

This entire Article is new and prohibits the manufacture, importation and retail sale of mercury thermometers in San Francisco.

Background Information

This legislation is recommended by the Department of the Environment and supported by the Solid Waste Management Program and the Public Utilities Department. The legislation implements Board Resolution No. 602-99 (June 21, 1999) urging City agencies and departments and all medical facilities within San Francisco to eliminate mercury in order to protect and preserve human and environmental health. Resolution 602-99 also designated the elimination of mercury pollution caused by mercury-containing products as a high priority.

Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and in the food chain. Mercury thermometers pose a threat to human health and the environment when broken or disposed of in the trash or as medical waste. While the amount of mercury in an individual thermometer may seem small, the total amount that is released into the environment as the result of thermometer use is significant. Several states and cities around the world have demonstrated that removal of mercury-containing products, such as mercury thermometers, from the waste stream is an effective way to reduce mercury contamination. In recent years, the City of Palo Alto has collected approximately 35 pounds of mercury through a take-back program.

Further, unlike major mining operations, which are a significant source of mercury pollution to the Bay over which the City has jurisdiction or control, there are accurate and safe alternatives to mercury thermometers that are readily-available and comparable in cost. These non-mercury alternatives are already in place at San Francisco General Hospital, where no mercury thermometers are used or dispensed.

In conjunction with this ban on new mercury thermometers, the City’s Solid Waste Management Program and Public Utilities Department are working with the Department of the Environment to develop a program to take-back mercury thermometers from San Francisco medical facilities, businesses and residents, assist in their replacement with non-mercury alternatives and to ensure that the mercury is recycled or disposed in the manner that is most protective of human health and safety and the environment.

From LEGISLATIVE DIGEST, February 28, 2000