GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 862

Short Title:  Reduce Toxicity of Packaging.	(Public)
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Sponsors: Representatives Gray; and Warner.
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Referred to:  Environment.
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April 17, 1991

A BILL TO BE ENTITLED
AN ACT TO REDUCE THE TOXICITY OF PACKAGING WASTE.
The General Assembly of North Carolina enacts:
Section 1.  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part as follows:
"Part 2C.  Toxins in Packaging.
"§ 130A-309.70.  Findings; intent.
(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 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, 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 to packaging; and
(6)	The intent of this Part 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.
"§ 130A-309.71.  Definitions.
Unless the context requires otherwise, the following definitions shall apply throughout this Part:
(1)	'Container' means a receptacle capable of closure.
(2)	'Distributor' means any person, firm, or corporation which takes title to goods purchased for resale.
(3)	'Intermediate package' means a wrap, box, or bundle which contains two or more unit packages of identical items.
(4)	'Package' means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, a shipping container, and such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(5)	'Packaging component' means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.
(6)	'Shipping container' means a container which is sufficiently strong to be used in commerce for packing, storing, and shipping commodities.
(7)	'Unit package' means the first tie, wrap, or container applied to a single item, a quantity of the same item, a set, or an item with all its component parts, which constitutes a complete and identifiable package containing the unit of issue of a product for ultimate use.
"§ 130A-309.72.  Prohibited packaging; schedule for removal of incidental amounts.
(a)	As soon as feasible but no later than October 1, 1993, no package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in this 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)	As soon as feasible but no later than October 1, 1993, no product shall be offered for sale or for promotional purposes by its manufacturer or distributor in this 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 has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.
(c)	No package or packaging component shall be offered for sale or promotional purposes in this State by its manufacturer or distributor if the sum of the incidental concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component exceeds the following:
(1)	600 parts per million by weight (six-hundredths percent (0.06%)) after October 1, 1993;
(2)	250 parts per million by weight (twenty-five thousandths percent (0.025%)) after October 1, 1994; and
(3)	100 parts per million by weight (one-hundredth percent (0.01%)) after October 1, 1995.
"§ 130A-309.73.  Exemptions.
(a)	All packages and packaging components shall be subject to this Part except the following:
(1)	A package or packaging component which was manufactured prior to October 1, 1991, and displays a code indicating the date it was manufactured;
(2)	A package or packaging component:
a.	To which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing or distribution process in order to comply with health or safety requirements of federal law; or
b.	With respect to which there is no feasible alternative to the use of lead, cadmium, mercury, or hexavalent chromium.
	The manufacturer of such a package or packaging component must apply to the Secretary for an exemption pursuant to this subdivision for a particular package or packaging component based on either criterion a. or b.  If the Secretary grants such exemption, the exemption shall be effective for no more than two years and may be extended once if circumstances warrant an extension.  An extension may be granted for no more than two years; and
(3)	A package or packaging component that would not exceed any maximum concentration set forth in G.S. 130A-309.72(c) but for the addition or use of recycled materials.  The exemption pursuant to this subdivision shall expire on and after October 1, 1997.
(b)	For purposes of this section, a use for which there is no feasible alternative is one which is essential to the protection, safe handling, or function of the package's contents and for which there is no substitute.
"§ 130A-309.74.  Certificate of compliance.
(a)	As soon as feasible but no later than October 1, l993, the manufacturer or distributor shall furnish the purchaser with a certificate of compliance, which states that a package or packaging component is in compliance with the requirements of this Part.  Where compliance is achieved under the exemption provided in G.S. 130A-309.73(a)(2) or G.S. 130A-309.73(a)(3), the certificate shall state the specific basis upon which the exemption is claimed.  The certificate of compliance shall be signed by an authorized official of the manufacturer or distributor.
(b)	The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use.  A copy of the certificate of compliance shall be kept on file by the manufacturer or distributor of the package or packaging component.  Certificates of compliance, or copies thereof, shall be furnished to the Department upon its request.
(c)	If the manufacturer or distributor of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or distributor shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.
"§ 130A-309.75*.  Penalties.  
(a)	Any person who violates any provision of this Part or who makes a false statement in a certificate of compliance prepared pursuant to G.S. 130A-309.74 shall pay a civil penalty not to exceed ten thousand dollars ($10,000) for each offense.  Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate offense.
(b)	Any person who knowingly violates any provision of this Part or who knowingly makes a false statement in a certificate of compliance prepared pursuant to G.S. 130A-309.74 shall be fined not more than fifty thousand dollars ($50,000) for each offense or imprisoned not more than one year or both.
(c)	If any person violates any provision of this Part, the Secretary may institute an action for injunctive relief in the superior court of the county in which the violation occurred or where a defendant resides.
(d)	No manufacturer or distributor of a product shall be held in violation of this Part who can show that, in the purchase of a package or packaging component, he relied in good faith on the written assurance of the manufacturer of the packaging or packaging component that the packaging or packaging component met the requirements of this Part when such written assurance is in the form of a certificate of compliance:
(1)	Stating that a package or packaging component is in compliance with the requirements of this Part; and
(2)	Signed by an authorized official of that manufacturing or distribution company.
"§ 130A-309.76.  State review and report.
(a)	The Department may, in consultation with the Source Reduction Council of the Coalition of Northeastern Governors, review the effectiveness of this Part and provide a report based on such review to the Governor and the General Assembly.  The report may contain recommendations to add other toxic substances contained in packaging to the list set forth in this Part in order to further reduce the toxicity of packaging waste.  The report shall contain a recommendation as to whether to continue the recycling exemption as provided in G.S. 130-309.73(a)(3) and a description of the nature of the substitutes used in lieu of lead, mercury, cadmium, and hexavalent chromium.
(b)	For the purpose of gathering information for the review and report in accordance with subsection (a) of this section, the Secretary may inspect and copy the records of any person:
(1)	Who is engaged in the manufacture or distribution of packages or packaging components, if such records pertain to the processes by which such packages or packaging components are manufactured, including the nature and amounts of substances used; and
(2)	Who produces or supplies materials for the manufacture of packages or packaging components, if such records pertain to the nature and amount of substances in such materials or the identities or locations of purchasers or recipients of such materials.
Upon request of the Secretary, any such person shall allow the Secretary to inspect and copy such records or shall provide copies of such records to the Secretary.
"§ 130A-309.77.  Information available to public.
A certificate of compliance, or a copy thereof, shall be furnished to members of the public upon request.  Any request from a member of the public for any certificate of compliance from the manufacturer or distributor of a package or packaging component shall be:
(1)	Made in writing with a copy provided to the Department;
(2)	Made specific as to package or packaging component information requested; and
(3)	Responded to by the manufacturer or distributor within 60 days."
Sec. 2.  This act becomes effective October 1, 1991.