| Chapter 293 |
| 2022 -- S 2044 SUBSTITUTE A Enacted 06/29/2022 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- TOXIC PACKAGING REDUCTION ACT |
Introduced By: Senators Seveney, DiPalma, Euer, DiMario, Cano, Kallman, Coyne, Miller, Pearson, and McCaffrey |
| Date Introduced: January 25, 2022 |
| 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)(1) "Department" means the department of environmental management. |
| (b)(2) "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)(3) "Distributor" means any person, firm, or corporation who or that takes title to goods |
| purchased for resale. |
| (d)(4) "Food packaging" means any package or packaging component that is applied to or |
| in direct contact with any food or beverage. |
| (d)(e)(5) "Incidental presence" means the presence of a regulated metal as an unintended |
| or undesired ingredient of a package or packaging component. |
| (e)(f)(1)(7)(i) "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)(ii) 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)(iii) 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)(6)(i) "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)(ii) 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)(iii) 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) |
| subsection (6)(iii) of this section, shall sunset on July 1, 2027). |
| (f)(h)(8) "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)(9) "Manufacturing" means physical or chemical modification of a material(s) to |
| produce packaging or packaging components. |
| (h)(j)(10) "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)(11) "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)(12) "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)(13) "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)(14) "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 that 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, |
| mercury, or hexavalent chromium which that 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. |
| (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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| LC003662/SUB A |
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