Mercury Regulations and Antique Barometer Collecting in the US

Recent and proposed legislation in various states regulating the use of mercury will seriously affect the collecting of antique barometers in the US. State legislation, part of larger bills intended to reduce environmental contamination from mercury, by making it illegal to sell objects containing mercury. Unlike in Europe, where the draft legislation exempts antique barometers as a special case, antique barometers are not exempt in most of the pending state legislation at this time.

States with active or pending mercury management legislation likely to impact the barometer trade include California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Montana, New York, New Jersey, Rhode Island, Vermont and Washington. New Hampshire now has a mercury reduction law, but some of its language appears to afford sellers some leeway; Minnesota requires objects that contain mercury to be clearly labeled before sale; while a law currently being considered in Ohio that would prohibit selling mercury added products, including those for household adornment, unless the manufacturer, importer or exporter provides written notification to the state and receives an exemption. Maine recently passed a bill amending their legislation reinstating the legal trade and restoration of antique barometers, defined as instruments over 100 years old, and Indiana provides a specific exemption within its law for barometers made prior to 1980.

Some states have had mercury management laws for up to three years but their bans were not well publicised. Recent press coverage of the issue has prompted antique fair organisers in New York to ban mercury barometers and/or thermometers and medical equipment, while Sotheby's and Christie's have publicly declared their policy not to sell mercury barometers in the United States. Skinner's, the Boston auction house known for its Science and Technology auctions, will follow suit now that a Massachusetts ban has taken effect.

Most affected by the bans, however, will be the dealers across the country who sell antique barometers. Clearly their sources for buying and their outlets for selling barometers will shrink. Their access to vital parts and supplies needed for restoration will also be limited, particularly their access to the mercury needed for restoration or recalibration. Dealers hope to lobby state legislatures for amendments exempting antique barometers or for schemes that would allow a licensed specialist to sell and repair mercury added objects, but that will take time (possibly years).

Clearly, mercury management regulations, once publicized in the press, will discourage existing collectors from adding to their collection and will strongly discourage potential collectors from starting, since future disposition of a collection at favorable prices could become very difficult (including the obvious problem of finding someone willing to empty a barometer and deal with the mercury so that it can be shipped).

Skinner's March 2007 Auction Results

Skinner's March 2007 auction of Science & Technology and Toys & Dolls brought a total of $1.35 million. High prices were achieved from the Wilbur medical collection including a Civil War surgical set by Tiemann which brought $9,987, as well as a Civil War bone-handled amputation set which sold for $9,987. Skinner's next auction of Science & Technology and Toys & Dolls is scheduled for Sunday, October 28, 2007.

Christie's Buyer's Premium Raised to 25%

Christie's have introduced a higher buyer's premium of 25% for their lowest tier (up to £10,000). That plus the usual 17.50% VAT applied to the premium, yields a total premium of 29.38% for all buyers. Most of the provincial auction houses in UK have recently raised their buyer's premiums to 20% or 22%. I expect many will further increase their premiums to 25% following Christie's lead. With the pound now over $2 and shipping expenses also up, buying at auction in UK has become very much more expensive. Buyers need to factor into any potential auction bid all costs associated with the purchase, including buyer's premium, payment costs (bank charges, credit card surcharges, and currency conversion costs), and packing/shipping charges or they may face an very unpleasant surprise upon winning and getting the bills.

Christie's are also raising the handling charges for unsold lots at South Kensington from £35/£50 to £50/£75 and imposing minimum trade and private commission rates of 15% for vendors in Amsterdam and Paris, so both buyers and sellers will see substantial increases in the costs associated with Christie's auctions.

To Auction or Not To Auction - (Auction Houses)

Consigning individual items or an entire collection to an auction house has always been the first choice of most collectors (or their heirs) for disposing of high quality collectibles. In the past (pre-internet), it may have been the best choice for many sellers. The major auction houses, Christie's & Sotheby's, had access to most of the serious collectors worldwide, they would handle entire collections, and their commissions & expenses to buyers & sellers were not considered excessive. Unfortunately, all of that has now changed, giving rise to many issues that must be considered before deciding to auction or not to auction.

The most critical issue is that the major auction houses will now only accept the finest and most expensive items in a collection, leaving the seller to make other arrangements to dispose of the rest. While the major auction houses may get a seller premium prices for their best items, it will certainly be far more difficult for the seller to find outlets for the rest of a collection, without its best items. The second tier auction houses will certainly atttempt to fill the vaccuum left by Christie's & Sotheby's exits from the antique scientific instrument auction market, but it will take several years for any of them to expand their base of buyers and, with four or more auction houses competing for business, it is unlikely that one or two of them will be able to dominate like Christie's & Sotheby's did, leaving the auction market splintered and none of the auction houses with access to a majority of the most serious buyers worldwide.

The second most critical issue is that the commissions & expenses to sellers have become very much higher in recent years, including packing, shipping, storage & insurance charges from the seller's location to the auction house, catalog photography, seller's commissions, unsold item charges, and packing, shipping & insurance charges for unsold items returned to the seller.

Another critical issue is that the commissions, payment costs & shipping expenses to auction buyers have also become very much higher in recent years - buyer's premiums plus VAT at UK and EU auction houses are usually 24% or higher, payment costs (bank charges, credit card surcharges, and currency conversion costs) can add another 2-4% at least, and packing/shipping charges can be downright eyepopping. As a result, many serious collectors are no longer willing to buy from auction houses, preferring instead the many other venues offered on the internet.

In light of these issues, consigning to an auction house should no longer be a seller's first choice, but should be considered as simply one choice among many now available in the marketplace and sellers should evaluate the pros and cons of each relative to their specific needs.