5. On or after January first, two thousand six, no person shall sell, offer for sale or distribute the following mercury-added consumer products:

1. (a) mercury barometers;
2. (b) mercury esophageal dilators, mercury bougie tubes or mercury gastrointestinal tubes;
3. (c) mercury flow meters;
4. (d) mercury hygrometers or mercury psychrometers; and
5. (e) mercury pyrometers; The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand six, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand five.

10. The department may grant a waiver from the provisions of subdivision eight of this section upon request by the manufacturer of a mercury-added consumer product.

1. (a) An application for a waiver shall be in the form prescribed by the department and document the basis for the requested waiver or renewal of a waiver and describe how the manufacturer will ensure that a system exists for the proper collection, transportation and processing of the mercury-added consumer products at the end of their useful life.

2. (b) The application must include at a minimum, information that demonstrates:

   1. (i) there are no non-mercury alternatives that are comparable in price to, are as effective in performance as, or are as accurate and precise as the identified mercury-added consumer product;
   2. (ii) the use of the mercury-added consumer product provides a net benefit to the environment, public health, or public safety when compared to a non-mercury alternative; or
   3. (iii) there are other factors affecting the use of non-mercury alternatives.
3. (c) The manufacturer must notify the regional multi-state clearinghouse, as identified in section 27-2115 of this title, of its request for a waiver pursuant to this subdivision and provide the clearinghouse with the information required in its waiver application.
4. (d) The department may grant or deny, in whole or in part, a request for a waiver. In determining whether to grant or deny a waiver or waiver renewal, the department may consult with the clearinghouse, other states, or regional governmental organizations to promote consistency in the implementation of this subdivision.
5. (e) Waivers shall be granted for a period not to exceed two years. Upon a request by the manufacturer, the department may renew a waiver for a period not to exceed two years if the department finds that the manufacturer continues to meet the requirements for a waiver, that the manufacturer has complied with all conditions of the original waiver, and the manufacturer demonstrates that reasonable efforts have been made to remove mercury from the product subject to the waiver.

11. On and after January first, two thousand twenty-one, no producer of mercury-added lamps shall sell, offer for sale, or distribute such lamps that fail to meet mercury content standards adopted by the department pursuant to rules and regulations. Such standards shall include what, if any, allowance should be granted for slight variations in the amount of mercury resulting from production variances. For the following general purpose lights, mercury content shall be no higher than:

1. (a) 2.5 milligrams for screw-based compact fluorescent lamps less than thirty watts;
2. (b) 3.5 milligrams for straight fluorescent T8 lamps with a normal lifetime (excluding 8-foot models) and 3.0 milligrams for straight fluorescent T5 lamps with a normal lifetime;
3. (c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a long lifetime;
4. (d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps and 8-foot linear fluorescent lamps (excluding very high output models);