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Heavy Metals

It’s common sense: we know that heavy metals like lead, mercury and cadmium are highly toxic to children--we have a responsibility to make sure that children are not exposed to them in toys, jewelry, or from the pipes that deliver drinking water. Safer States partners have been a powerful force in holding manufacturers responsible, and passing common-sense laws to protect kids from exposure.

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9 current policies in 5 states
97 adopted policies in 31 states
  • Current Policies
  • Adopted Policies
  • Both
Policy Details for Heavy Metals

What Are They?

Heavy metals such as lead, mercury and cadmium occur naturally but are far from harmless. They are found in many products ranging from art supplies and automobile components to paints, hair dyes, jewelry, and even candy. Old paint containing lead degrades into dust, easy to ingest. Water systems throughout the United States, such as Flint, MI and parts of Oakland, CA are contaminated with lead and other metals due to outdated systems and poor manufacturing practices. These chemicals can cause brain damage, learning disabilities, and certain cancers.

We Eat Them

Metals can be present in food including imported candy, folk medicine, and spices. Arsenic can be found in some baby cereals made from rice grown in areas with groundwater high in arsenic.

We Drink Them

Heavy metals get into drinking water after being released by vehicles, coal plants, manufacturing processes, and leaching out of old house pipes.

What More is Needed

While we have made great strides against the use of some metals, legacy contamination plagues many communities. Policies that address lead in homes and drinking water, arsenic in food, and cadmium in consumer products will help decrease the burden of these harmful chemicals.  

More Resources

Healthy Babies Bright Futures

Ecology Center

Bill Tracker for Heavy Metals

Current Policy

Maryland
H.B.0011: Establishes the Private Well Safety Program in the Department of the Environment to manage and address the contamination of certain private and domestic water supply wells in the state. Requires the department to adopt regulations for water quality testing for manganese, arsenic, radon, mercury, and all volatile organic compounds for which there is a maximum contaminant level.
Maryland
S.B.0483: Establishes the Private Well Safety Program in the Department of the Environment to manage and address the contamination of certain private and domestic water supply wells in the state. Requires the department to adopt regulations for water quality testing for manganese, arsenic, radon, mercury, and all volatile organic compounds for which there is a maximum contaminant level.
New York
A.188: Prohibits the sale of electronic cigarettes that contains certain toxic metals such as lead, manganese, nickel, chromium, and zinc. Requires the department of health to study the long term health effects of using electronic cigarettes.
New York
S.2133: Prohibits the sale of electronic cigarettes that contains certain toxic metals and requires the department of health to study the long-term health effects of using electronic cigarettes.
New York
S.4246: Enacts the "packaging reduction and recycling infrastructure act" to require companies selling, offering for sale, or distributing covered packaging materials and products to reduce consumer packaging, improve recycling and recycling infrastructure, including supporting reusable and refill infrastructure, financially support municipal recycling programs, reduce toxics in packaging and require producers of products to bear the onus for end of life solutions to product packaging.
New York
S.4265: Prohibits the sale or distribution of a personal care product or cosmetic product containing a restricted substance, including but not limited to: heavy metals, parabens, ortho-phthalates, perfluoroalkyl and polyfluoroalkyl substances, and formaldehyde.
Oregon
S.B.494: Directs the Department of Environmental Quality to conduct long-term study of cumulative impacts of air contaminants in areas surrounding municipal solid waste incinerators. The study must evaluate exposure to heavy metals, dioxins and other contaminants and the effects of that exposure on public health.
Tennessee
S.B.0573: Requires producers to submit and implement a producer responsibility plan. Prohibits the sale or distribution of any packaging that includes ortho-phthalates, bisphenols, PFAS, styrene, lead and lead compounds, cadmium, mercury, hexavalent chromium, perchlorate, benzophenone, formaldehyde, halogenated flame retardants, toluene, and other chemicals of high concern.
Texas
H.B. 872: Requires a manufacturer that sells a lipstick or lip gloss cosmetic to disclose on the manufacturer’s website and the cosmetic label if it contains any toxic metal, including lead, chromium, cadmium, aluminum, and manganese.

Adopted Policy

Arkansas
SB 323: Requires the removal of mercury switches from end-of-life vehicles, and creates a collection and recovery program to do so. Requires manufacturers to prepare a mercury minimization plan. (Adopted in 2005)
California
SB 929: Bans cadmium in children’s jewelry. (Adopted in 2010)
California
AB 1879: Establishes a process to identify, prioritize and evaluate chemicals of concern in consumer products, determine how best to limit exposure or reduce the level of hazard, and establishes green chemistry challenge grants and a Green Ribbon Science Panel (Adopted in 2008)
California
AB 1681: Requires jewelry only be made of only approved metals, not lead. (Adopted in 2006)
California
AB 2694: Bans the sale of any toy containing compounds of lead in excess of federal standards, or soluble compounds of antimony, arsenic, cadmium, mercury, selenium, or barium. (Adopted in 2008)
California
AB 2901: Bans jewelry unless made of Class 1, 2 or 3 materials, sets small trace amount limits on lead in children’s jewelry. (Adopted in 2008)
California
SB 757: Bans lead in wheel weights. (Adopted in 2009)
California
SB 1365: Bans the sale of toys contaminated with any toxic substance, including lead, mercury and cadmium. (Adopted in 2010)
California
AB 2347: Requires mercury thermostat manufacturers to do educationl outreach, establish a collection plan, and dispose of them properly. (Adopted in 2008)
California
AB 1415: Bans the sale of certain mercury-added products, a mercury switch or mercury relay, and a mercury diostat or a new or refurbished oven or gas range containing a mercury diostat. (Adopted in 2005)
California
AB 1369: Bans the sale of mercury-added thermostats. (Adopted in 2004)
California
AB 501: Bans mercury, cadmium, and lead from brake friction material. (Adopted in 2013)
California
SB 346: Bans brake material containing lead, mercury, and cadmium in amounts greater than .1% by weight. (Adopted in 2010)
California
SB 647: Lowers the allowable levels of lead in children's jewelry, raises the age of "children" to 15. (Adopted in 2020)
Connecticut
HB 5314: Bans cadmium in children’s jewelry. (Adopted in 2010)
Connecticut
HB 5650: Bans any children’s product that has been designated a banned hazardous substance under the Federal Hazardous Substances Act, requires any lead-containing products that children may come into contact with to bear a warning label. (Adopted in 2008)
Connecticut
S 350: Requires mercury thermostat manufacturers to establish a collection plan, and dispose of them properly. (Adopted in 2012)
Delaware
HB 362: Bans sale of toys with toxic substances (defined as lead or other unsafe substances), their use in daycare facilities, and creates a list of unsafe toys. (Adopted in 2008)
Delaware
H. Con. Res. 64: Supports the Delaware Nurses Association’s mercury thermometer exchange week, and encourages retail establishments within the State to voluntarily stop stocking and selling mercury thermometers. (Adopted in 2004)
Delaware
HB 456: Prohibits the use of lead paint on outdoor structures. (Adopted in 2018)
Hawaii
S 2402: Bans mercury vapor lamps. (Adopted in 2012)
Illinois
HB 5040: Bans cadmium in children’s jewelry, designates cadmium as a priority chemical. (Adopted in 2010)
Illinois
SB 2860: Bans lead in children’s products, requires warning labels on other lead-containing products. (Adopted in 2008)
Illinois
SB 3347: Bans lead and mercury in wheel weights. (Adopted in 2010)
Illinois
SB 1213: Prohibits the sale and distribution of mercury-containing rings, seals, and sensors; requires removal of mercury switches from end-of-life vehicles. (Adopted in 2011)
Illinois
SB 1241: Bans mercury thermostats. (Adopted in 2007)
Illinois
HB 2429: Requires the State Environmental Protection Agency to create a web site with information about mercury-containing compact fluorescent lighting, and to inform consumers about the proper disposal of such lighting. (Adopted in 2009)
Illinois
HB 1530: Bans mercury thermometers. (Adopted in 2003)
Illinois
SB 2551: Bans elemental mercury, chemicals containing mercury, or instructional equipment or materials containing mercury in primary or secondary schools. Bans mercury switches or relays. (Adopted in 2004)
Illinois
HB 943: Bans certain mercury-added measurement equipment. (Adopted in 2007)
Illinois
HB 5578: Requires the removal and reporting of mercury switches from end-of-life vehicles, and requires manufacturers to create a collection and recovery program. (Adopted in 2006)
Illinois
SB 3346: Requires thermostat manufacturers to establish mercury thermostat collection program, and submit reports on them. (Adopted in 2010)
Indiana
HB 1589: Requires video display manufacturers to state whether the devices exceed maximum concentration values for chemicals including lead, mercury and cadmium. (Adopted in 2009)
Indiana
HB 1110: Requires vehicles manufacturers to develop and implement a plan to remove, collect, recover, and recycle or dispose of certain mercury switches from end-of-life vehicles; requires recyclers to remove them prior to disposal. (Adopted in 2006)
Iowa
HF 2669: Bans mercury thermostats. (Adopted in 2008)
Iowa
Iowa Code §§ 455B.801-455B.809: Requires vehicles manufacturers to develop and implement a plan to remove, collect, recover, and recycle or dispose of certain mercury switches from end-of-life vehicles; requires people to remove all mercury from vehicles prior to scrapping them. (Adopted in 2006)
Louisiana
HCR 51: Requests the Department of Environmental Quality to develop an action plan to reduce the use of mercury and release of mercury to the environment, and minimize human exposure to mercury. (Adopted in 2005)
Louisiana
SB 615: Prohibits the sale of any mercury-added product without prior written notification to the Department of Environmental Quality. Prohibits the sale of a mercury-added novelty, mercury fever thermometers, or other mercury products unless labeled. Requires a reasonable effort to remove or verify that the mercury contained within a vehicle has been removed before disposal, and requires plans for a collection system. Requires state agencies to give priority purchasing mercury-free products. (Adopted in 2006)
Maine
LD 2048: Identifies chemicals of high concern, and requires reporting on usage and replacement with safer alternatives. (Adopted in 2008)
Maine
LD 1129: Selects up to seventy chemicals as Chemicals of High Concern based upon likely exposure to children or fetuses, and uses this list to designate Priority Chemicals which will require reporting and disclosure when used in children’s products. (Adopted in 2011)
Maine
LD 1034: Establishes a lead poisoning prevention fund to identify lead hazards and take precautionary action, create a media campaign around it, and send educational material to families with kids living in older homes with lead. (Adopted in 2005)
Maine
LD 2053: Tests children’s products for lead, informs public of results, and requests products be removed from shelves. (Adopted in 2008)
Maine
LD 986: Bans lead and mercury wheel weights. (Adopted in 2009)
Maine
LD 692: Requires all mercury switches to be removed from motor vehicles that are incapable of being driven. (Adopted in 2005)
Maine
Act 125: Requires a review of the sale of batteries containing mercury: the amount of mercury in foreign-made batteries, whether stacked button cell batteries meet the mercury content specifications, whether and how button cell batteries should be collected for recycling and labeled, should button cell batteries be prohibited in some applications, and whether non-mercury alternatives are available. (Adopted in 2003)
Maine
LD 973: Requires the Department of Environmental Protection to establish standards for mercury-added lamps, requires the Department of Administrative and Financial Services to favor lower mercury content lamps in purchasing, and requires manufacturers of mercury-added lamps to implement a recycling program. (Adopted in 2009)
Maine
Executive Order 12: Authorizes DEP to submit legislation to phase out mercury batteries, and improve mercury thermostat recovery. Creates a report assessing lead-free alternatives in consumer products, and one on alternatives to the flame retardant DecaBDE. Underscores commitment to environmentally preferable procurement, including lead-free wheel weights and uniforms that don't require cleaning with perchloroethylene. Establishes Governor’s Task Force to Promote Safer Chemicals in Consumer Products. (Adopted in 2006)
Maine
LD 1433: Prohibits the sale of food packaging with intentionally added toxic heavy metals, PFAS, or phthalates. (Adopted in 2019)
Maryland
HB 145: Bans cadmium in children’s jewelry. (Adopted in 2011)
Maryland
HB 62: Bans lead-containing children’s products. (Adopted in 2008)
Maryland
HB 119: Requires manufacturers test children’s products for lead. (Adopted in 2009)
Maryland
HB 1263: Requires vehicle manufacturers to develop a mercury minimization plan for removing, collecting, and recovering mercury switches from an end-of-life vehicle. (Adopted in 2009)
Maryland
HB 685: Requires a county recycling plan to address the collection and recycling of fluorescent and compact fluorescent lights that contain mercury (Adopted in 2010)
Massachusetts
S 2403: Requires a person who sells an antique that contains mercury to clearly inform the purchaser in writing that the antique contains mercury, that mercury is a hazardous substance regulated by federal and state law, and of the proper and commercially available methods for disposal and recycling. (Adopted in 2010)
Massachusetts
Mass. Gen. Laws, ch. 21H, §§ 6A-6N: Bans mercury-added products without notification. Bans motor vehicles containing mercury-added switches, mercury-added thermostats, other mercury-added products, and mercury relays. Requires the removal of mercury vehicle switches from end-of-life vehicles. Prohibits the purchase of elemental mercury, mercury compounds, or mercury-added instructional equipment for use in primary or secondary school classrooms. Requires manufacturers to disclose in writing the mercury content of any product used in a health care facility, and prohibits any person from knowingly disposing of a mercury-added product in any manner other than recycling, disposing as hazardous waste, or using another approved method. Prohibits mercury-added products unless the manufacturer has created a convenient and accessible collection plan for the products at the end-of-life. Requires state agencies to give preference to the purchase of equipment, supplies, and other products that do not contain mercury. (Adopted in 2006)
Massachusetts
S 2250: Requires Massachusetts companies that use large quantities of specific toxic chemicals to evaluate and plan for pollution prevention opportunities, implement them if practical, and annually measure and report the results. (Adopted in 2006)
Michigan
HB 4132: Bans lead in children’s jewelry. (Adopted in 2007)
Michigan
HB 4399: Bans lead in lunch boxes. (Adopted in 2007)
Michigan
SB 174: Bans lead in toys and child care articles. (Adopted in 2007)
Minnesota
SF 2510: Bans cadmium in children’s jewelry. (Adopted in 2010)
Minnesota
HF 2123: Generates a list of chemicals of high concern and priority chemicals, along with participation in Interstate Chemicals Clearinghouse. (Adopted in 2009)
Minnesota
SF 1262 : Bans lead in jewelry. (Adopted in 2007)
Minnesota
Minn. Stat. § 121A.33: Prohibits a school from purchasing or using elemental mercury, instruments of measurement that contain mercury, and storing elemental mercury or instruments of measurement that contains mercury. (Adopted in 2007)
Montana
SB 424: Bans mercury-added thermostat. Requires manufacturers to establish and maintain a program to collect and recycle out-of-service mercury-added thermostats, and conduct initial education and outreach efforts. (Adopted in 2009)
Nebraska
Neb. Rev. Stat. Ann. §§ 28-1349-28-1350: Prohibits a liquid mercury thermometer containing elemental mercury to be sold, given away, or otherwise distributed (Adopted in 2003)
New Hampshire
SB 528: Establishes a mercury-added thermostat collection program. Requires manufacturers of mercury-added thermostats to create and implement a department-approved collection and recycling program for out-of-service mercury-added thermostats. (Adopted in 2008)
New Jersey
N.J. Rev. Stat. §§ 13:1E-99.82-13:1E-99.90 (2008): Requires vehicle manufacturers to develop a mercury minimization plan. Requires mercury switches to be removed from end-of-life vehicles. (Adopted in 2005)
New Jersey
N.J. Rev. Stat. §§ 13:1E-99.91-13:1E-99.93: Bans mercury thermometers. (Adopted in 2005)
New Mexico
SB 99: Requires a dental office to remove dental amalgam containing mercury prior to discharge of its wastewater. (Adopted in 2013)
New York
A 8687: Bans lead and mercury in wheel weights. (Adopted in 2010)
New York
A 668: Requires labeling on all mercury-added products. Prohibits the knowing disposal of a mercury-added consumer product in solid waste. Bans mercury-added novelty consumer products, thermometers, elemental mercury, mercury switches and relays, and mercury thermostats. Establishes an advisory committee on mercury pollution. Prohibits any vehicle with a mercury added component. Permits the Department to collect information from product manufacturers of mercury-added products. (Adopted in 2011)
New York
A 8084: Requires manufacturers to develop a program for the proper collection and recycling of mercury thermostats, providing collection containers and maintaining a public website. (Adopted in 2014)
New York
N.Y. Envtl. Conserv. Law §§ 27-2301-27-2303: Requires vehicle dismantlers to remove mercury switches or other mercury-containing devices from an end-of-life vehicle before it is crushed. (Adopted in 2006)
New York
A 6296: Requires manufacturers of children's products containing dangerous chemicals to notify the state and retailers; bans the sale of children's products containing dangerous chemicals. (Adopted in 2019)
North Carolina
N.C. Gen. Stat. §§ 130A-310.50-130A-310.58: Prohibits an end-of-life vehicle that contains accessible mercury switches from being destroyed or recycled prior to the removal of the switches. Establishes a removal, collection, and recovery program for mercury switches. (Adopted in 2005)
North Carolina
N.C. Gen. Stat. § 115C-47: Encourages local boards of education to remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds. Prohibits the future use of bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms. (Adopted in 2006)
Ohio
Ohio Rev. Code Ann. §§ 3734.61-3734.65: Prohibits a school from purchasing mercury or a mercury-added measuring device for classroom use. Prohibits the sale of a mercury-containing thermometer. Prohibits the sale of a mercury-added novelty. Prohibits the sale or installation of mercury-containing thermostats. (Adopted in 2006)
Oregon
SB 1512: Bans mercury in lamps exceeding certain standards, requires the state favor purchasing lighting meeting these mercury standards. (Adopted in 2012)
Oregon
SB 478 / HB 3473: Requires reporting of high-priority chemicals in children’s products and phase-outs of these products in children’s cosmetics, mouthable products, and products made for kids under the age of 3.  (Adopted in 2015)
Pennsylvania
HB 44: Prohibits the sale of a mercury thermostat, and prohibits them being disposed as solid waste unless the mercury is removed for reuse or recycling. Requires manufacturers to establish collection and recycling programs for mercury thermostats. (Adopted in 2007)
Rhode Island
H 7199: Bans mercury-containing thermostats unless the manufacturer submits a plan for a collection program. Prohibits a thermostat wholesaler from selling or distributing any thermostat unless the wholesaler acts as a collection site, and promotes and utilizes the collection containers provided by thermostat manufacturers. (Adopted in 2010)
Rhode Island
H 8639: Urges the Mercury Reduction Oversight Commission to develop a plan to address the collection and recycling of mercury added auto parts. (Adopted in 2004)
Rhode Island
S 3209: Urges the Mercury Reduction Oversight Commission to develop a plan to address the collection and recycling of mercury-added auto parts. (Adopted in 2004)
South Carolina
Acts 296: Prohibits the recycling of an end-of-life vehicle as steel if the vehicle contains mercury switches. Requires automobile manufacturers to develop an end-of-life vehicle solutions’ (ELVS) program. (Adopted in 2006)
Tennessee
HB 3218: Requires the removal of mercury-containing products from solid wastes that are collected and disposed of in landfills or through incineration. (Adopted in 2010)
Utah
Utah Code Ann. §§ 9-6-1001-9-6-1006: Requires vehicle manufacturers to submit a mercury switch removal plan including vehicle information, information about environmentally sound mercury switch removal, and specific mercury switch removal methods. (Adopted in 2006)
Vermont
S 239: Establishes a process for identifying chemicals of high concern; prohibits sale or distribution of consumer products containing priority chemicals. (Adopted in 2014)
Vermont
S 152: Bans the manufacture and sale of any children’s product containing lead. (Adopted in 2008)
Vermont
S 77: Requires manufacturers to implement and fund a system for the collection and recycling of electronic devices containing lead, mercury, and other hazardous substances. (Adopted in 2010)
Vermont
H 515: Prohibits the disposal of mercury-added products in a solid waste landfill or combustor. Requires any contractor who replaces a mercury containing thermostat from a building to deliver it to an appropriate collection location for recycling. Requires manufacturers who have sold mercury thermostats to submit a plan for a collection and financial incentive program for mercury thermostats. Restricts the sale of mercury-containing thermostats. (Adopted in 2008)
Vermont
Vt. Stat. Ann. tit. 10 §§ 7101-7115: Restricts the sale of mercury-added novelties, thermostats, thermometers, or elemental mercury, mercury switches and relays. Requires labeling on all mercury-added products sold. Prohibits the disposal of mercury-added products as solid waste. Requires a motor vehicle recycler to remove mercury-added vehicle switches prior to crushing, shredding, or other scrap metal processing. Prohibits elemental mercury, chemicals containing mercury or mercury compounds, or mercury-added measuring devices for the use in schools. Requires an amalgam separator system to be installed in dental offices. Requires hospitals to submit a mercury reduction plan. (Adopted in 2005)
Vermont
S 34: Requires manufacturers of mercury-containing lamps implement a collection and disposal program. (Adopted in 2011)
Virginia
HB 447: Requires the Virginia Waste Management Board to adopt regulations concerning the mercury switches from by vehicle demolishers. Requires every person disposing of a motor vehicle, trailer, or semitrailer to certify that before demolition, a good faith effort was made to remove mercury switches. Requires manufacturers to provide for a method for storing, shipping, recycling, or disposing of mercury switches removed from vehicles manufactured by them. (Adopted in 2006)
Virginia
HB 326: Requires the Virginia Waste Management Board to encourage the recycling of thermostats containing mercury, cathode ray tubes, and electronics products. Allows any locality to prohibit the disposal of thermostats containing mercury or cathode ray tubes in any waste-to-energy or solid waste disposal facility. (Adopted in 2010)
Washington
HB 2647: Bans children’s products containing lead, cadmium and phthalates, creates a list of chemicals of high concern and requires their disclosure in children’s products. (Adopted in 2008)
Washington
HB 1033: Requires lead wheel weights be replaced with environmentally preferable wheel weights. (Adopted in 2009)
Washington
S 6131: Prohibits the sale or distribution of mercury-containing novelty products, thermometers, thermostats, or motor vehicle switches. (Adopted in 2012)

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