§6620a. Limitations on the use of heavy metals in packaging

Link to law: http://legislature.vermont.gov/statutes/section/10/159/06620a
Published: 2015

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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

159

:
WASTE MANAGEMENT






Subchapter

001
:
GENERAL PROVISIONS










 

§

6620a. Limitations on the use of heavy metals in packaging

(a) This section

shall take effect on the date the secretary determines that a law similar to

this section has been adopted by any combination of the northeast states with

an aggregate population of at least ten million people. For purposes of this

section, northeastern states shall include the New England states,

Pennsylvania, New York and New Jersey.

(b) As used in

this section, the following definitions shall apply:

(1)

"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. "Package" also shall

mean and include such unsealed receptacles as carrying cases, crates, cups,

pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(2)

"Distributor" means any person, firm or corporation that takes title

to goods purchased for resale.

(3)

"Packaging component" means any individual assembled part of a package

such as, 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 shall be considered as 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.

(4)

"Intentional introduction" means the act of deliberately utilizing a

regulated metal in the formulation 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.

(5)

"Incidental presence" means the presence of a regulated metal as an

unintended or undesired ingredient of a package or packaging component.

(6)

"Manufacturing" means physical or chemical modification of one or

more materials to produce packaging or packaging components.

(7)

"Distribution" means the practice of taking title to one or more

package or packaging components for promotional purposes or resale. Persons

involved solely in delivering one or more packages or packaging components on

behalf of their parties are not considered distributors.

(8)

"Manufacturer" means any person, firm, association, partnership, or

corporation producing one or more packages or packaging components as defined

in this section.

(9)

"Supplier" means any person, firm, association, partnership, or

corporation which 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.

(c)(1) As soon

as feasible, but not later than one year after the secretary makes the finding

described in subsection (a) of this section, no package or packaging component

shall be offered for sale or for promotional purposes by its manufacturer or

distributor in the state of Vermont which includes, in the package itself or in

any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any

other additives containing any lead, cadmium, mercury, or hexavalent chromium

which has been intentionally introduced as an element during manufacturing or

distribution as opposed to the incidental presence of any of these elements.

(2) The use of a

regulated metal as a processing agent or intermediate to impart certain

chemical or physical changes during manufacturing, resulting in the incidental

retention of a residue of that metal in the final package or packaging

component which is neither desired nor deliberate, is not considered

intentional introduction for the purposes of this section where that final

package or packaging component is in compliance with subdivision (e)(3) of this

section and where there is no reasonable alternative.

(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 section where the new package or packaging component is in compliance

with subdivision (e)(3) of this section.

(d) As soon as

feasible, but not later than one year after the secretary makes the finding

described in subsection (a) of this section, no product shall be offered for

sale or for promotional purposes by its manufacturer or distributor in the

state of Vermont in a package which includes, in the package itself or in any

packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other

additives containing any lead, cadmium, mercury, or hexavalent chromium which

has been intentionally introduced as an element during manufacturing or

distribution as opposed to the incidental presence of any of these elements.

(e) The sum of

the concentration levels of lead, cadmium, mercury, and hexavalent chromium

present in any package or packaging component shall not exceed the following:

(1) 600 parts

per million by weight (0.06 percent) effective two years after the secretary

makes the findings described in subsection (a) of this section;

(2) 250 parts

per million by weight (0.025 percent) effective three years after the secretary

makes the findings described in subsection (a) of this section; and

(3) 100 parts

per million by weight (0.01 percent) effective four years after the secretary

makes the findings described in subsection (a) of this section.

(f) All packages

and packaging components shall be subject to subsections (c), (d) and (e) of

this section except the following:

(1) those

packages or packaging components with a code indicating date of manufacture

that were manufactured prior to the effective date of this statute;

(2) those

packages or packaging components to which lead, cadmium, mercury, or hexavalent

chromium have been added in the manufacturing, forming, printing, or

distribution process in order to comply with health or safety requirements of

federal law, provided that the manufacturer of a package or packaging component

must petition the secretary for any exemption from the provisions of this

subsection for a particular package or packaging component based upon either

criterion; and provided further, that the secretary may grant an exemption for

up to two years if warranted by the circumstances; and provided further, that

such an exemption may, upon meeting the criterion of this subsection, be

renewed at two-year intervals;

(3) packages and

packaging components that would not exceed the maximum contaminant levels set

forth in this section but for the addition of recycled materials; and provided

that the exemption under this subdivision shall expire on January 1, 2000;

(4) packages and

packaging components that are reused but exceed contaminant levels set forth in

this section, provided that the product being conveyed by that package and the

package and packaging itself are regulated under federal or state health or

safety laws, or both; and provided that transportation of those packaged

products is regulated under federal or state transportation provisions, or

both; and provided that disposal of the package is performed according to

federal and state radioactive or hazardous waste disposal requirements, and provided

that an exemption under this subdivision shall expire on January 1, 2000;

(5) packages and

packaging components having a controlled distribution and reuse (referred to as

"reusable entities") that exceed the contaminant levels set forth in

this section, provided that the manufacturers or distributors of those packages

or packaging components must petition the secretary for exemption and receive

approval from the secretary, working with the CONEG toxics in a packaging

clearinghouse, according to standards established below, set by the secretary

and based upon satisfactory demonstrations that the environmental benefit of

the controlled distribution and reuse is significantly greater as compared to

the same package manufactured in compliance with the contaminant levels set

forth in this section; and provided that an exemption under this subdivision

shall expire on January 1, 2000. A plan, to be proposed by the manufacturer

seeking the exemption, or the manufacturer's designee, shall include each of

the following elements:

(A) a means of

identifying in a permanent and visible manner those reusable entities

containing regulated metals for which an exemption is sought;

(B) a method of

regulatory and financial accountability so that a specified percentage of reusable

entities manufactured and distributed to other persons are not discarded by

those persons after use, but are returned to the manufacturer or the

manufacturer's designee;

(C) a system of

inventory and record maintenance to account for the reusable entities placed

in, and removed from, service;

(D) a means of

transforming returned entities, that are no longer reusable, into recycled

materials for manufacturing or into manufacturing wastes which are subject to

existing federal or state laws or regulations, or both, governing those

manufacturing wastes, to ensure that these wastes do not enter the commercial

or municipal waste stream; and

(E) a system of

annually reporting to the secretary changes to the system and changes in

designees.

(g) Once the secretary

has made the finding described in subsection (a), the secretary may notify a

manufacturer that there are grounds for suspecting that a package or packaging

component produced by that manufacturer may not be in compliance with this

section, and may request the manufacturer to certify that the package or

component is in compliance. If the manufacturer certifies that the package or

component is exempt, the specific basis for the exemption shall be stated. If

the manufacturer does not certify that the product is in compliance or is

exempt, the secretary may order that the packages or components in question be

withdrawn from sale or promotional use within the state. For purposes of this

subsection, the term manufacturer shall include the importer of a product

manufactured outside the United States. False or fraudulent statements by a

manufacturer may subject the manufacturer to the penalties of 13 V.S.A. § 3016.

(h) The

secretary shall review the effectiveness of this section by the second January

first that follows the determination made under subsection (a) of this section

and shall provide a report based upon that review to the governor and the

natural resources and energy committees of the general assembly. The report may

contain recommendations to add other toxic substances contained in packaging to

the list set forth in this section in order to further reduce the toxicity of

packaging waste, and a description of the nature of the substitutes used in

lieu of lead, mercury, cadmium, and hexavalent chromium. The secretary shall,

in consultation with the source reduction task force of the Coalition of North

Eastern Governors (CONEG), review the extension of the recycling exemption as

it is provided for in subdivision (f)(3) of this section. This review shall

commence no later than January 1, 1997. A report based upon that review shall

be provided to the governor and legislature by January 1, 1999. (Added 1989,

No. 286 (Adj. Sess.), § 1; amended 1995, No. 57, § 5; 1995, No. 143 (Adj.

Sess.), § 1.)
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