Legislation
SECTION 27-2901
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 29
* § 27-2901. Definitions.
1. "Collection program" means a system for the collection,
transportation, recycling, and disposal of out-of-service mercury
thermostats that is financed and managed or provided by a thermostat
manufacturer individually or collectively with other thermostat
manufacturers in accordance with this section.
2. "Mercury thermostat" means a product or device that uses a mercury
switch to sense and control room temperature through communication with
heating, ventilation, or air-conditioning equipment and includes
thermostats used to sense and control room temperature in residential,
commercial, industrial and other buildings but does not include a
thermostat used to sense and control temperature as part of a
manufacturing process.
3. "Out-of-service mercury thermostat" means a mercury thermostat that
is removed, replaced or otherwise taken out of service.
4. "Qualified contractor" means a person engaged in the business of
installation, service or removal of heating, ventilation, and
air-conditioning components who employs seven or more service
technicians or installers.
5. "Qualified local government authorities" means any municipal
corporation or planning unit as defined in section 27-0107 of this
article, or county departments of health.
6. "Thermostat manufacturer" means a person who owns or owned a name
brand of one or more mercury thermostats sold in the state.
7. "Thermostat retailer" means a person who sells thermostats of any
kind primarily to homeowners or other nonprofessionals through any sale
or distribution mechanism including sales using the internet or
catalogs.
8. "Thermostat wholesaler" means a person who is engaged in the
distribution and wholesale selling of heating, ventilation or
air-conditioning components, including thermostats, to contractors, and
whose total wholesale sales account for eighty percent or more of its
total sales. A thermostat manufacturer is not, by virtue of
manufacturing, a thermostat wholesaler.
* NB Repealed January 1, 2026
1. "Collection program" means a system for the collection,
transportation, recycling, and disposal of out-of-service mercury
thermostats that is financed and managed or provided by a thermostat
manufacturer individually or collectively with other thermostat
manufacturers in accordance with this section.
2. "Mercury thermostat" means a product or device that uses a mercury
switch to sense and control room temperature through communication with
heating, ventilation, or air-conditioning equipment and includes
thermostats used to sense and control room temperature in residential,
commercial, industrial and other buildings but does not include a
thermostat used to sense and control temperature as part of a
manufacturing process.
3. "Out-of-service mercury thermostat" means a mercury thermostat that
is removed, replaced or otherwise taken out of service.
4. "Qualified contractor" means a person engaged in the business of
installation, service or removal of heating, ventilation, and
air-conditioning components who employs seven or more service
technicians or installers.
5. "Qualified local government authorities" means any municipal
corporation or planning unit as defined in section 27-0107 of this
article, or county departments of health.
6. "Thermostat manufacturer" means a person who owns or owned a name
brand of one or more mercury thermostats sold in the state.
7. "Thermostat retailer" means a person who sells thermostats of any
kind primarily to homeowners or other nonprofessionals through any sale
or distribution mechanism including sales using the internet or
catalogs.
8. "Thermostat wholesaler" means a person who is engaged in the
distribution and wholesale selling of heating, ventilation or
air-conditioning components, including thermostats, to contractors, and
whose total wholesale sales account for eighty percent or more of its
total sales. A thermostat manufacturer is not, by virtue of
manufacturing, a thermostat wholesaler.
* NB Repealed January 1, 2026