260.824. Exemptions.
Exemptions.
260.824. 1. Before July 1, 1996, section 260.822 shall notapply with respect to a package, packaging material or packagingcomponent made from recycled materials.
2. Section 260.822 shall not apply with respect to apackage, packaging material or packaging component if a highertotal concentration of lead, cadmium, mercury and hexavalentchromium is necessary to meet federal health or safetyrequirements.
3. Section 260.822 shall not apply with respect to apackage, packaging material or packaging component for whichthere is no feasible alternative that satisfies the limitationsprescribed in section 260.822. The manufacturer or distributorshall apply to the department of natural resources for approvalof the exemption and the department shall approve the exemptionif the applicant clearly and convincingly demonstrates that thepackage, packaging material or packaging component will notendanger public health or the environment.
4. Section 260.822 shall not apply with respect to anyglass or ceramic package that is intended to be reusable orrefillable and where the lead and cadmium from the product do notexceed the toxicity characteristic leachability procedures oflead and cadmium as set forth by the United States EnvironmentalProtection Agency.
5. Section 260.822 shall not apply with respect to leadfoil purchased and used on or before December 31, 1993, to wrapthe opening of a bottle that contains intoxicating liquor or toany package that contains intoxicating liquor if the package wasfilled and sealed on or before December 31, 1993.
(L. 1993 S.B. 80, et al. § 3)