Section 25214.14 Of Article 10.4. Toxics In Packaging Prevention Act From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.4.
25214.14
. A package or a packaging component is exempt from the
requirements of Section 25214.13, and shall be deemed in compliance
with this article, if the manufacturer or supplier complies with the
applicable documentation requirements specified in Section 25214.15
and the package or packaging component meets any of the following
conditions:
(a) The package or packaging component is marked with a code
indicating a date of manufacture prior to January 1, 2006.
(b) A regulated metal has been added to the package or packaging
component in the manufacturing, forming, printing, or distribution
process, to comply with the health or safety requirements of a
federal or state law.
(c) (1) The package or packaging component contains no
intentionally introduced regulated metals, but exceeds the applicable
maximum concentration level set forth in subdivision (c) of Section
25214.13 only because of the addition of a recycled material.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(d) (1) A regulated metal has been added to the package or
packaging component in the manufacturing, forming, printing, or
distribution process for a use for which there is no feasible
alternative.
(2) For purposes of this subdivision, "a use for which there is no
feasible alternative" means a use, other than for purposes of
marketing, for which a regulated metal is essential to the
protection, safe handling, or function, of the package's contents,
and technical constraints preclude the substitution of other
materials.
(e) (1) The package or packaging component is reused and contains
no intentionally introduced regulated metals, but exceeds the
applicable maximum concentration level set forth in subdivision (c)
of Section 25214.13, and all of the following apply:
(A) The product being conveyed by the package, the package, or
packaging component is otherwise regulated under a federal or state
health or safety requirement.
(B) The transportation of the packaged product is regulated under
federal or state transportation requirements.
(C) The disposal of the package is otherwise performed according
to the requirements of this chapter or Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(f) (1) The package or packaging component has a controlled
distribution and reuse and contains no intentionally introduced
regulated metals, but exceeds the applicable maximum concentration
level set forth in subdivision (c) of Section 25214.13.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(g) (1) The packaging or packaging component is a glass or ceramic
package or packaging component that has a vitrified label, and that,
when tested in accordance with the Waste Extraction Test, described
in Appendix II of Chapter 11 (commencing with Section 66261.1) of
Division 4.5 of Title 22 of the California Code of Regulations does
not exceed 1.0 ppm for cadmium, 5.0 ppm for hexavalent chromium, or
5.0 ppm for lead. A glass or ceramic package or packaging component
containing mercury is not exempted pursuant to this subdivision.
(2) A glass bottle package with paint or applied ceramic
decoration on the bottle does not qualify for an exemption pursuant
to this section, if the paint or applied ceramic decoration contains
lead or lead compounds in excess of 0.06 percent by weight.
(3) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.