Chapter 294
2022 -- H 7438 SUBSTITUTE A
Enacted 06/29/2022

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

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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LC004634/SUB A
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