Product Bans

Passing ordinances to ban products deemed environmentally unacceptable may send a more direct message to manufacturers and retailers.

Mercury Thermometer Bans

Mercury is a neurotoxic element that can cause birth defects, including brain damage and hearing impairments. It also contributes to pollution. The amount of mercury in most thermometers is enough to put fish consumption advisories on a 20-acre lake.(8) On March 6, 2000, the City of Duluth, Minnesota, became the first local government in the U.S. to pass an ordinance banning the sale of mercury thermometers within its borders. The law took effect within 30 days of passage of the ordinance. Sellers could be fined $700 for each mercury thermometer sold or $700 for each day they remain on display for sale. A 1992 state law had previously prohibited hospitals from distributing mercury thermometers or using them on patients.

The city does not expect enforcement of the ordinance to require a great deal of time or money. Its Compliance Officer sent out 150 direct mailings to local businesses to notify them officially of the ordinance. The city expects him to check what is being sold at various retail shops and follow up on complaints when received. The Duluth Chamber of Commerce sent out another letter to more than 300 Great Lakes communities encouraging them to consider adopting similar ordinances.(9)

On May 8, 2000, the City and County of San Francisco passed a similar ban on mercury thermometers. Its law bans the sale, import, and manufacture of mercury thermometers within the city’s and county’s borders. The San Francisco Board of Supervisors had banned the use of the devices in city-owned hospitals and clinics the year before.(10)

Since May, three other municipalities have passed similar ordinances: Ann Arbor, Michigan, and DeForest and Stoughton, Wisconsin. Dane County, Wisconsin, passed a resolution encouraging the towns in the county to adopt ordinances.

Polystyrene Foam Food Packaging Bans

In 1988, Berkeley, California, enacted an ordinance prohibiting the use of polystyrene foam food packaging by restaurants, takeout food vendors, and by the City of Berkeley and its city-sponsored events. The law further requires that at least 50% of these operations’ food packaging be degradable or recyclable. The law, effective January 1990, was driven by concern for the ozone layer, waste reduction issues, and the health hazards created by the manufacture of these products. Today all the coffee shops and takeout places in Berkeley use paper cups. Some use takeout paper containers and others use clear plastic.(11) In June 2000, the Berkeley City Council adopted a comprehensive and unified plastics policy, which included a statement that "the City will continue to enforce its Styrofoam ban ordinance."(12)

Sonoma County, California, has a similar law aimed at its facilities. It bans any polystyrene foam food packaging from county premises (which includes all lands, water, and buildings owned by or leased to the county).(13) The only notification of the ban is on contracts to rent the Vet’s Halls. The ban is printed in red at the bottom of the contract and is hard to miss.(14)

For More Information:

Mercury Thermometer Bans
Health Care Without Harm
Local ordinances

Polystyrene Bans
Berkeley
Sonoma County

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Facts to Act On #40, Local Initiatives Leverage Extended Producer Responsibility (November 20, 2000)
Institute for Local Self-Reliance