Text: HF02316 Text: HF02318 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455D.19, Code 1995, is amended to read 1 2 as follows: 1 3 455D.19 PACKAGING – HEAVY METAL CONTENT. 1 4 1. The general assembly finds and declares all of the 1 5 following: 1 6 a. The management of solid waste can pose a wide range of 1 7 hazards to public health and safety and to the environment. 1 8 b. Packaging comprises a significant percentage of the 1 9 overall solid waste stream. 1 10 c. The presence of heavy metals in packaging is a concern 1 11 in light of the likely presence of heavy metals in emissions 1 12 or ash when packaging is incinerated or in leachate when 1 13 packaging is landfilled. 1 14 d. Lead, mercury, cadmium, and hexavalent chromium, on the 1 15 basis of available scientific and medical evidence, are of 1 16 particular concern. 1 17 e. It is desirable as a first step in reducing the 1 18 toxicity of packaging waste to eliminate the addition of heavy 1 19 metals to packaging. 1 20 f. The intent of the general assembly is to achieve 1 21 reduction in toxicity without impeding or discouraging the 1 22 expanded use of postconsumer materials in the production of 1 23 packaging and its components. 1 24 2. As used in this section unless the context otherwise 1 25 requires: 1 26 a. "Distributor" means a person who takes title to 1 27products or packagingone or more packages or packaging 1 28 components purchased for promotional purposes or resale. A 1 29 person involved solely in delivering packages or packaging 1 30 components on behalf of third parties is not a distributor. 1 31 b. "Incidental presence" means the presence of a regulated 1 32 metal as an unintended or undesired ingredient of a package or 1 33 packaging component. 1 34 c. "Intentional introduction" means an act of deliberately 1 35 utilizing a regulated metal in the formulation of a package or 2 1 packaging component where itscombinedcontinued presence is 2 2 desired in the final package or packaging component to provide 2 3 a specific characteristic, appearance, or quality. 2 4 Intentional introduction does not include the use of a 2 5 regulated metal as a processing agent or intermediate to 2 6 impart certain chemical or physical changes during 2 7 manufacturing, if the incidental presence of a residue of the 2 8 metal in the final package or packaging component is neither 2 9 desired nor deliberate, and if the final package or packaging 2 10 component is in compliance with subsection54, paragraph "c". 2 11 Intentional introduction also does not include the use of 2 12postconsumerrecycled materials as feedstock for the 2 13 manufacture of new packaging materials, if the recycled 2 14 materials contain amounts of a regulated metal and if the new 2 15 package or packaging component is in compliance with 2 16 subsection54, paragraph "c". 2 17 "Regulated metal" means any metal regulated under this 2 18 section. 2 19 d. "Manufacturer" means a person whooffers for sale or2 20sells products or packaging to a distributorproduces one or 2 21 more packages or packing components. 2 22 e. "Manufacturing" means physical or chemical modification 2 23 of one or more materials to produce packaging or packaging 2 24 components. 2 25e.f. "Package" means a container which provides a means 2 26 of marketing, protecting, or handling a product including a 2 27 unit package, intermediate package, or a shipping container. 2 28 "Package" also includes but is not limited to unsealed 2 29 receptacles such as carrying cases, crates, cups, pails, rigid 2 30 foil and other trays, wrappers and wrapping films, bags, and 2 31 tubs. 2 32f.g. "Packaging component" means any individual assembled 2 33 part of a package including but not limited to interior and 2 34 exterior blocking, bracing, cushioning, weatherproofing, 2 35 exterior strapping, coatings, closures, inks, or labels. 3 1 h. "Reusable entities" means packaging or packaging 3 2 components having a controlled distribution and reuse subject 3 3 to the exemption provided in subsection 5, paragraph "e". 3 4 3.No later than July 1, 1992, aA manufacturer or 3 5 distributor shall not offer for sale or sell, or offer for 3 6 promotional purposes a package or packaging component, in this 3 7 state, which includes, in the package itself, or in any 3 8 packaging component, inks, dyes, pigments, adhesives, 3 9 stabilizers, or any other additives, any lead, cadmium, 3 10 mercury, or hexavalent chromium which has been intentionally 3 11 introduced as an element during manufacturing or distribution 3 12 as opposed to the incidental presence of any of these elements 3 13 and which exceed the concentration level established by the 3 14 department. 3 154. No later than July 1, 1992, a manufacturer or3 16distributor shall not offer for sale or sell, or offer for3 17promotional purposes, in this state, a product in a package3 18which includes in the package itself or in any of the3 19packaging components, inks, dyes, pigments, adhesives,3 20stabilizers, or any other additives, any lead, cadmium,3 21mercury, or hexavalent chromium which has been intentionally3 22introduced as an element during manufacturing or distribution3 23as opposed to the incidental presence of any of these elements3 24and which exceed the concentration level established by the3 25department.3 265.4. The concentration levels of lead, cadmium, mercury, 3 27 and hexavalent chromium present in a package or packaging 3 28 component shall not exceed the following: 3 29 a. Six hundred parts per million by weight by July 1, 3 30 1992. 3 31 b. Two hundred fifty parts per million by weight by July 3 32 1, 1993. 3 33 c. One hundred parts per million by weight by July 1, 3 34 1994. 3 35 Concentration levels of lead, cadmium, mercury, and 4 1 hexavalent chromium shall be determined using American 4 2 standard of testing materials test methods, as revised, or 4 3 United States environmental protection agency test methods for 4 4 evaluating solid waste, S-W 846, as revised. 4 56.5. The following packaging and packaging components are 4 6 exempt from the requirements of this section: 4 7 a. Packaging or packaging components with a code 4 8 indicating a date of manufacture prior to July 1, 1990, and 4 9 packaging or packaging components used by the alcoholic 4 10 beverage industry or the wine industry prior to July 1, 1992. 4 11 b. Packages or packaging components to which lead, 4 12 cadmium, mercury, or hexavalent chromium have been added in 4 13 the manufacturing, forming, printing, or distribution process 4 14 in order to comply with health or safety requirements of 4 15 federal law or for which there is no feasible alternative if 4 16 the manufacturer of a package or packaging component petitions 4 17 the department for an exemption from the provisions of this 4 18 paragraph for a particular package or packaging component. 4 19 The department may grant a two year exemption, if warranted, 4 20 by the circumstances, and an exemption may, upon meeting 4 21 either criterion of this paragraph be renewed for two years. 4 22 For purposes of this paragraph, a use for which there is no 4 23 feasible alternative is one in which the regulated substance 4 24 is essential to the protection, safe handling, or function of 4 25 the package's contents. 4 26 c. Packages and packaging components that would not exceed 4 27 the maximum contaminant levels established but for the 4 28 addition ofpostconsumerrecycled materials. 4 29 d. Packages or packaging components that are reused, but 4 30 exceed contaminant levels set forth in subsection 4, paragraph 4 31 "c", if all of the following criteria are met: 4 32 (1) The product being conveyed by the package, including 4 33 any packaging component, is regulated under federal or state 4 34 health or safety requirements. 4 35 (2) Transportation of the packaged product is regulated 5 1 under federal or state transportation requirements. 5 2 (3) The disposal of the packages or packaging components 5 3 is performed according to federal or state radioactive or 5 4 hazardous waste disposal requirements. 5 5 The department may grant a two-year exemption if warranted 5 6 by the circumstances and an exemption may, upon meeting the 5 7 criteria of this paragraph, be renewed for additional two-year 5 8 periods. 5 9 e. Packages or packaging components which qualify as 5 10 reusable entities that exceed the contaminant levels set forth 5 11 in subsection 4, paragraph "c", if the manufacturers or 5 12 distributors of such packages or packaging components petition 5 13 the department for an exemption and receive approval from the 5 14 department according to the following standards based upon a 5 15 satisfactory demonstration that the environmental benefit of 5 16 the controlled distribution and reuse is significantly greater 5 17 than if the same package is manufactured in compliance with 5 18 the contaminant levels set forth in subsection 4, paragraph 5 19 "c". The department may grant a two-year exemption, if 5 20 warranted by the circumstances, and an exemption may, upon 5 21 meeting the four criteria listed in subparagraphs (1) through 5 22 (4), be renewed for additional two-year periods. 5 23 In order to receive an exemption, the application must 5 24 ensure that reusable entities are used, transported, and 5 25 disposed of in a manner consistent with the following 5 26 criteria: 5 27 (1) A means of identifying in a permanent and visible 5 28 manner those reusable entities containing regulated metals for 5 29 which an exemption is sought. 5 30 (2) A method of regulatory and financial accountability so 5 31 that a specified percentage of the reusable entities 5 32 manufactured and distributed to another person are not 5 33 discarded by that person after use, but are returned to the 5 34 manufacturer or the manufacturer's designee. 5 35 (3) A system of inventory and record maintenance to 6 1 account for the reusable entities placed in, and removed from, 6 2 service. 6 3 (4) A means of transforming returned entities, that are no 6 4 longer reusable, into recycled materials for manufacturing or 6 5 into manufacturing wastes which are subject to existing 6 6 federal or state laws or regulations governing manufacturing 6 7 wastes to ensure that these wastes do not enter the commercial 6 8 or municipal waste stream. 6 9 The application for an exemption must document the measures 6 10 to be taken by the applicant as set out in subparagraphs (1) 6 11 through (4). 6 127.6. By July 1, 1992, a manufacturer or distributor of 6 13 packaging or packaging components shall make available to 6 14 purchasers, to the department, and to the general public upon 6 15 request, certificates of compliance which state that the 6 16 manufacturer's or distributor's packaging or packaging 6 17 components comply with, or are exempt from, the requirements 6 18 of this section. 6 19 If the manufacturer or distributor of the package or 6 20 packaging component reformulates or creates a new package or 6 21 packaging component, the manufacturer or distributor shall 6 22 provide an amended or new certificate of compliance for the 6 23 reformulated or new package or packaging component. 6 248.7. The commission shall adopt rules toimplement6 25 administer this sectionand report to the general assembly on6 26the effectiveness of this section no later than forty-two6 27months following July 1, 1990,and recommend any other toxic 6 28 substances contained in packaging to be added to the list in 6 29 order to further reduce the toxicity of packaging waste. 6 309.8. A manufacturer or distributor who does not comply 6 31 with the requirements of this section is guilty of a simple 6 32 misdemeanor. 6 33 EXPLANATION 6 34 The bill amends existing section 455D.19 of the Code 6 35 relating to the regulation of toxic metals in packaging. 7 1 The bill changes the definition of a "distributor" by 7 2 excluding a person who delivers packages on behalf of a third 7 3 person. A distributor is subject to the regulations on toxic 7 4 metals in packaging. 7 5 The bill deletes provisions regarding prohibitions against 7 6 the sale of products in packaging. These prohibitions are 7 7 already contained in the existing section twice and are 7 8 deleted to prevent duplication. 7 9 The bill expands the conditions upon which an exemption 7 10 from the regulations on toxic metals in packaging is granted. 7 11 An exemption is granted for a container that is recycled or 7 12 reused, has limited risk of public exposure, and whose 7 13 disposal is closely controlled. 7 14 The bill contains provisions requiring an application for 7 15 an exemption to document specified measures to ensure that 7 16 packaging is used, transported, and disposed of in a manner 7 17 consistent with federal and state health and safety 7 18 requirements. 7 19 LSB 3360HV 76 7 20 kah/jw/5.1
Text: HF02316 Text: HF02318 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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