00-007-O
ORDINANCE NO. __________
AN ORDINANCE PROHIBITING THE COMMERCIAL RETAIL SALE OF FEVER AND BASAL THERMOMETERS CONTAINING MERCURY; ADDING A NEW ARTICLE VI TO CHAPTER 28, DULUTH CITY CODE, 1959, AS AMENDED.
BY COUNCILOR FENA:

The city of Duluth does ordain:

Section 1. That a new Article VI entitled "Mercury" be added to Chapter 28 of the Duluth city code, 1959, as amended, and shall read as follows:

Article VI. Mercury.

Sec. 28-60. Findings of fact and statement of purpose.

The Duluth city council finds that it is in the public interest to protect persons in the area from toxic mercury pollution. It further finds that the elimination of mercury containing devices such as small thermometers which may enter the solid waste stream is in the public interest. It also finds that enactment of an ordinance prohibiting the sale of mercury fever and basal thermometers in Duluth is consistent with the state policy on mercury expressed in Minnesota Statutes Section 116.92.

Sec. 28-61. Sale of mercury fever or basal thermometers prohibited.

No person shall sell at retail or offer for sale at retail within the city any fever thermometer or basal thermometer containing mercury.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE: This ordinance prohibits the sale of mercury containing fever and basal thermometers in the city of Duluth. A state law, M.S. Section 116.92, subd. 7, presently prohibits medical facilities from routinely distributing mercury thermometers. Another state law, M.S. Section 115A.932, prohibits placing mercury thermometers in solid waste. This ordinance will supplement these policies by eliminating retail sales of the thermometers.