TITLE 23
Health and Safety
CHAPTER 23-18.13
Toxic Packaging Reduction Act
SECTION 23-18.13-3
§ 23-18.13-3 Definitions.
(a) "Department" means the department of environmental management.
(b) "Distribution" means the practice of taking title to a
package(s) or packaging component(s) for promotional purposes or resale.
Persons involved solely in delivering a package(s) or packaging component(s) on
behalf of third parties are not considered distributors.
(c) "Distributor" means any person, firm or corporation who
takes title to goods purchased for resale.
(d) "Incidental presence" means the presence of a regulated
metal as an unintended or undesired ingredient of a package or packaging
component.
(e)(1) "Intentional introduction" means the act of
deliberately utilizing a regulated metal in the formation of a package or
packaging component where its continued presence is desired in the final
package or packaging component to provide a specific characteristic,
appearance, or quality.
(2) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, whereupon the incidental retention of a residue of a regulated
metal in the final package or packaging component is neither desired nor
deliberate, is not considered intentional introduction for the purposes of this
act where the final package or packaging component is in compliance with §
23-18.13-4(c) of this chapter.
(3) The use of recycled materials as feedstock for the
manufacture of new packaging materials where some portion of the recycled
materials may contain amounts of the regulated metals is not considered
intentional introduction for the purposes of this chapter where the new package
or packaging component is in compliance with § 23-18.13-4(c).
(f) "Manufacturer" means any person, firm, association,
partnership, or corporation who sells, offers for sale, or offers for
promotional purposes packages or packaging components which shall be used by
any other person, firm, association, partnership, or corporation to package a
product(s).
(g) "Manufacturing" means physical or chemical modification
of a material(s) to produce packaging or packaging components.
(h) "Package" means a container providing a means of
marketing, protecting or handling a product and shall include a unit package,
an intermediate package and a shipping container as defined in ASTM D996.
"Package" also means and includes such unsealed receptacles as carrying cases,
crates, cups, pails, rigid foil and other trays, wrappers and wrapping films,
bags, and tubs.
(i) "Packaging component" means any individual assembled part
of a package including, but not limited to, any interior or exterior blocking,
bracing, cushioning, weatherproofing, exterior strapping, coatings, closures,
inks and labels. Tin-plated steel that meets the American Society for Testing
and Materials (ASTM) specification A-623 is considered a single package
component. Electro-galvanized coated steel and hot-dipped coated galvanized
steel that meets the ASTM specifications A-525 and A-879 shall be treated in
the same manner as tin-plated steel.
History of Section.
(P.L. 1990, ch. 149, § 1; P.L. 1995, ch. 115, § 1.)
