2022 -- H 7438

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LC004634

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY -- TOXIC PACKAGING REDUCTION ACT

     Introduced By: Representatives Cortvriend, Speakman, Carson, Morales,
Marszalkowski, McGaw, Ruggiero, Fogarty, Donovan, and Kislak

     Date Introduced: February 11, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-18.13-2, 23-18.13-3 and 23-18.13-4 of the General Laws in

Chapter 23-18.13 entitled "Toxic Packaging Reduction Act" are hereby amended to read as follows:

     23-18.13-2. Findings.

     The general assembly has found and declares that:

     (1) The management of solid waste can pose a wide range of hazards to public health and

safety and to the environment;

     (2) Packaging comprises a significant percentage of the overall solid waste stream;

     (3) The presence of heavy metals and both perfluoroalkyl and polyfluoroalkyl substances

(PFAS) in packaging is a part of the total concern in light of their likely presence in emissions or

ash when packaging is incinerated, or in leachate when packaging is landfilled;

     (4) Lead, mercury, cadmium, and hexavalent chromium, and PFAS, on the basis of

available scientific and medical evidence, are of particular concern;

     (5) It is desirable as a first step in reducing the toxicity of packaging waste to eliminate the

addition of these heavy metals and PFAS to packaging; and

     (6) The intent of this chapter is to achieve this reduction in toxicity without impeding or

discouraging the expanded use of post-consumer materials in the production of packaging and its

components.

     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) "Food packaging" means any package or packaging component that is applied to or in

direct contact with any food or beverage.

     (d)(e) "Incidental presence" means the presence of a regulated metal as an unintended or

undesired ingredient of a package or packaging component.

     (e)(f)(1) "Intentional introduction of regulated materials" 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 chapter where the final

package or packaging component is in compliance with § 23-18.13-4(c) of this chapter.

     (3) The use of post-consumer 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).

     (g)(1) "Intentional introduction of PFAS" means deliberately utilizing PFAS 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.

     (2) The use of a regulated chemical as a processing agent, mold release agent or

intermediate is considered intentional introduction for the purposes of this chapter where the

regulated chemical is detected in the final package or packaging component.

     (3) The use of post-consumer recycled materials as feedstock for the manufacture of new

packaging materials, where some portion of the post-consumer package or packaging component

may contain amounts of the regulated chemicals but is neither desired nor deliberate, is not

considered intentional introduction for the purposes of this chapter where said final package or

packaging component is in compliance with § 23-18.13-4(d). (The provisions of § 23-18.13-

3(g)(3), shall sunset on July 1, 2027).

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     (f)(h) "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)(i) "Manufacturing" means physical or chemical modification of a material(s) to produce

packaging or packaging components.

     (h)(j) "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)(k) "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.

     (l) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means all members of the

class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

     (m) "Post-consumer recycled material" means a material generated by households or by

commercial, industrial and institutional facilities in their role as end-users of the product that can

no longer be used for its intended purpose, including returns of material from the distribution chain.

Refuse-derived fuel or other material that is destroyed by incineration is not a recycled material.

     (n) "Substitute material" means a material used to replace lead, cadmium, mercury,

hexavalent chromium, PFAS or other regulated chemical in a package or packaging component.

     23-18.13-4. Prohibition/Schedule for removal of incidental amounts.

     (a) No package or packaging component shall be offered for sale or for promotional

purposes by its manufacturer or distributor in the state, which includes, in the package itself or in

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

     (b) No product shall be offered for sale or for promotional purposes by its manufacturer or

distributor in the state in a package which includes, in the package itself or in any of its packaging

components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium,

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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.

     (c) The sum on the concentration levels of lead, cadmium, mercury and hexavalent

chromium present in any package or packaging component shall not exceed 100 parts per million

by weight (0.01%).

     (d) Effective January 1, 2024, no food package to which PFAS have been intentionally

introduced during manufacturing or distribution in any amount shall be offered for sale or for

promotional purposes by its manufacturer or distributor in the state. There shall be no detectable

PFAS in any food package or food packaging component.

     (e) No substitute material used to replace a chemical regulated by this chapter in a package

or packaging component may be used in a quantity or manner that creates a hazard as great as or

greater than the hazard created by the chemical regulated by this act. The certificate of compliance

required by § 23-18.13-6 shall require an assurance to this effect.

     (f) Interstate clearinghouse. The department is authorized to participate in the

establishment and implementation of a regional or national, multi-state clearinghouse to assist in

carrying out the requirements of this chapter and to help coordinate reviews of the regulatory

applicability, certificates of compliance, education and outreach activities, and any other related

functions. The clearinghouse may also maintain reports on the effectiveness of the program,

certificates of analysis and compliance for product packaging.

     SECTION 2. Chapter 23-18.13 of the General Laws entitled "Toxic Packaging Reduction

Act" is hereby amended by adding thereto the following section:

     23-18.13-13. Sunset.

     The provisions of § 23-18.13-3(g)(3) shall sunset on July 1, 2027.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- TOXIC PACKAGING REDUCTION ACT

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     This act would prohibit the sale or promotional distribution of any food package in Rhode

Island which contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), effective January 1,

2024 and furthermore, the the provisions of § 23-18.13-3(g)(3) regarding the use of post-consumer

recycled materials as feedstock for new packaging materials would sunset on July 1, 2027.

     This act would take effect upon passage.

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