Section 260.824

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 1993   

  260.824.  Exemptions. — 1.  Before July 1, 1996, section 260.822 shall not apply with respect to a package, packaging material or packaging component made from recycled materials.

  2.  Section 260.822 shall not apply with respect to a package, packaging material or packaging component if a higher total concentration of lead, cadmium, mercury and hexavalent chromium is necessary to meet federal health or safety requirements.

  3.  Section 260.822 shall not apply with respect to a package, packaging material or packaging component for which there is no feasible alternative that satisfies the limitations prescribed in section 260.822.  The manufacturer or distributor shall apply to the department of natural resources for approval of the exemption and the department shall approve the exemption if the applicant clearly and convincingly demonstrates that the package, packaging material or packaging component will not endanger public health or the environment.

  4.  Section 260.822 shall not apply with respect to any glass or ceramic package that is intended to be reusable or refillable and where the lead and cadmium from the product do not exceed the toxicity characteristic leachability procedures of lead and cadmium as set forth by the United States Environmental Protection Agency.

  5.  Section 260.822 shall not apply with respect to lead foil purchased and used on or before December 31, 1993, to wrap the opening of a bottle that contains intoxicating liquor or to any package that contains intoxicating liquor if the package was filled and sealed on or before December 31, 1993.

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(L. 1993 S.B. 80, et al. § 3)