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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Boston.
HEALTH CARE FACILITY. Any hospital, nursing home, extended care facility, long-term facility, clinic or medical laboratory, commonwealth or private health or mental institution, clinic, physician’s office or health maintenance organization.
MANUFACTURER. Any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture that produces a mercury fever thermometer. If the mercury thermometer is produced in a foreign county, the MANUFACTURER is the importer of domestic distributor.
MERCURY THERMOMETER. A mercury-containing product that is used to measure body temperature. A MERCURY-CONTAINING PRODUCT is a product, device, instrument or equipment into which elemental mercury or mercury compounds are intentionally added during its formulation or manufacture and in which the continued presence of mercury is desired to provide a specific characteristic or permit a specific function.
(CBC 1985 16-44.1; Ord. 2000 c. 5 § 2.1)
A person shall not sell or supply (including online retail) mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers sold through prescriptions.
(CBC 1985 16-44.2; Ord. 2000 c. 5 § 2.2) Penalty, see Subsection 16-44.6
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