Sec. 22a-255j. Exempt packages and packaging components.
Sec. 22a-255j. Exempt packages and packaging components. All packages and
packaging components shall be subject to sections 22a-255g to 22a-255m, inclusive,
except the following:
(1) A package or packaging component which was manufactured prior to October
1, 1990, and displays a code indicating the date it was manufactured;
(2) A package or packaging component that would not exceed any maximum concentration set forth in subsection (c) of section 22a-255i but for the addition or use of
recycled materials; provided the provisions of sections 22a-255g to 22a-255m, inclusive,
shall apply to such packages on and after January 1, 2010;
(3) A package or packaging component to which lead, cadmium, mercury or hexavalent chromium has been added in the manufacturing or distribution process in order
to comply with health or safety requirements of federal law, provided the manufacturer
of such a package or packaging component has demonstrated to the commissioner that
such package or packaging component is entitled to an exemption under this subdivision
and the commissioner grants such exemption. The exemption shall be effective for up
to two years and may be extended if circumstances warrant an extension. An extension
may be granted for up to two years;
(4) Any alcoholic liquor bottled prior to October 1, 1992;
(5) A package or packaging component to which lead, cadmium, mercury or hexavalent chromium has been added in the manufacturing, forming, printing or distribution
process for which there is no feasible alternative to the use of lead, cadmium, mercury
or hexavalent chromium provided the manufacturer of such a package or packaging
component has demonstrated to the commissioner that such package or packaging component is entitled to an exemption under this subdivision and the commissioner grants
such exemption. The exemption shall be effective for two years and may be extended
if circumstances warrant an extension. An extension may be granted for up to two years.
For purposes of this subdivision, a use for which there is no feasible alternative is one
which is essential to the protection, safe handling or function of the package's contents
and for which technical constraints preclude the substitution of other materials. For
purposes of this subdivision, a use for which there is no feasible alternative shall not
include the use of any lead, cadmium, mercury or hexavalent chromium for the purpose
of marketing;
(6) A package or packaging component that is reused but exceeds contaminant
levels set forth in subsection (c) of section 22a-255i, provided (A) the product being
conveyed by such package or packaging component is regulated under federal or state
health or safety requirements; (B) the transportation of such package or packaging component is regulated under federal or state transportation requirements; (C) the disposal
of the package or packaging component is performed according to federal or state radioactive or hazardous waste disposal requirements; and (D) the manufacturer of such
package or packaging component has demonstrated to the commissioner that such package or packaging component is entitled to an exemption under this subdivision and the
commissioner grants such exemption. Any exemption granted under this subdivision
shall expire on January 1, 2010;
(7) A package or packaging component which is reusable and has a controlled distribution and reuse but which exceeds the contaminant levels set forth in subsection (c) of
section 22a-255i, provided the manufacturer or distributor of such package or packaging
component petitions the commissioner for an exemption and the commissioner grants
such exemption. A manufacturer or distributor petitioning the commissioner for such
an exemption shall (A) satisfactorily demonstrate that the environmental benefit of the
reusable packaging or packaging component is significantly greater as compared to the
same package or packaging component manufactured in compliance with the contaminant levels set forth in subsection (c) of section 22a-255i, and (B) submit a written
plan including, at a minimum, the following elements: (i) A means of identifying in a
permanent and visible manner those reusable packages or packaging components containing regulated metals for which the exemption is sought; (ii) a method of regulatory
and financial accountability such that a specified percentage of such reusable packaging
or packaging components manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or his designee;
(iii) a system of inventory and record maintenance to account for the reusable packaging
or packaging components placed in and removed from service; (iv) a means of transforming returned packaging or packaging components 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 to ensure that these wastes do not enter
the commercial or municipal waste stream; and (v) a system for annually reporting to
the commissioner any changes to the system or changes regarding the manufacturer's
designee. Any exemption granted under this subdivision shall expire on January 1, 2010;
(8) A glass or ceramic package or packaging component that has a vitrified label
which, when prepared according to the American Society for Testing and Materials
specification C1606-04 and when tested in accordance with the Toxicity Characteristic
Leaching Procedures of the United States Environmental Protection Agency Test
Method and Publication SW 846, third edition, "Test Methods for Evaluating Solid
Waste", does not exceed one part per million for cadmium, five parts per million for
hexavalent chromium and five parts per million for lead.
(P.A. 90-215, S. 4; P.A. 95-57, S. 2; P.A. 06-76, S. 20; P.A. 08-124, S. 22.)
History: P.A. 95-57 amended Subdiv. (2) to extend the exemption to January 1, 2000, amended Subdiv. (3) to delete
reference to packaging without a feasible alternative and to modify provision re extension of exemption, added new Subdiv.
(5) re packaging containing lead and other substances for which there is no feasible alternative, added new Subdiv. (6) re
packaging which exceed certain contaminant levels and added new Subdiv. (7) re packaging which is reusable with a
controlled distribution and reuse; P.A. 06-76 amended Subdivs. (2), (6) and (7) to replace "2000" with "2010", amended
Subdiv. (5) to add "forming, printing", to replace "there is no substitute" with "technical constraints preclude the substitution
of other materials" and to specify what "no feasible alternative" does not include, amended Subdiv. (6) to add "is reused
but" and added Subdiv. (8) re glass or ceramic package or packaging components with vitrified labels; P.A. 08-124 made
technical changes in Subdivs. (3) and (5), effective June 2, 2008.