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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 26-A. REDUCTION OF TOXICS IN PACKAGING (HEADING. PL 1989, c. 849, @1 (new))
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Title 32 - §1731. Purpose
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1731. Purpose
The purpose of this chapter is to reduce toxicity of packaging waste without impeding or discouraging the expanded use of
post-consumer materials in the production of packaging and its components. Under this chapter, reduction of the toxicity
in packaging is accomplished by prohibiting the unnecessary addition of heavy metals, such as lead, mercury, cadmium and hexavalent
chromium, in packaging and packaging components.
[1989, c. 849, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1733. Prohibition; schedule for removal of incidental amounts
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1733. Prohibition; schedule for removal of incidental amounts
1. Prohibition of sale of packaging. A manufacturer, supplier or distributor may not offer for sale or for promotional purposes a package or packaging component
that includes inks, dyes, pigments, adhesives, stabilizers or any other additives to which any lead, cadmium, mercury or hexavalent
chromium has been intentionally introduced during manufacturing or distribution. This prohibition does not apply to the incidental
presence of any of these elements.
[1989, c. 849, §1 (new).]
2. Prohibition of sale of product in packaging. A manufacturer or distributor may not offer for sale or for promotional purposes any product in a package that includes,
in the package itself or any packaging components, inks, dyes, pigments, adhesives, stabilizers or any other additives to
which any lead, cadmium, mercury or hexavalent chromium has been intentionally introduced during manufacturing or distribution.
This prohibition does not apply to the incidental presence of any of these elements.
[1989, c. 849, §1 (new).]
3. Concentration levels. The sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium present in any package or packaging
component may not exceed:
A. Effective April 1, 1992, 600 parts per million by weight, or 0.06%;
[1989, c. 849, §1 (new).]
B. Effective April 1, 1993, 250 parts per million by weight, or 0.025%; and
[1989, c. 849, §1 (new).]
C. Effective April 1, 1994, 100 parts per million by weight, or 0.01%.
[1989, c. 849, §1 (new).]
[1989, c. 849, §1 (new).]
4. Substitute materials. No material used to replace lead, cadmium, mercury or hexavalent chromium 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 lead, cadmium, mercury
or hexavalent chromium.
[1989, c. 849, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1734. Exemptions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1734. Exemptions
All packages and packaging components are subject to the provisions of section 1733 unless:
1. Manufactured prior to effective date. The package or packaging component has a code indicating a date of manufacture prior to the effective date of this section;
[1991, c. 177, §1 (amd); §2 (aff).]
2. Health and safety requirements; feasibility; post-consumer materials. The manufacturer, supplier or distributor petitions the department for an exemption for a particular package or packaging
component and the department grants an exemption for one or more of the following reasons.
A. The package or packaging component contains lead, cadmium, mercury or hexavalent chromium added in the manufacturing, forming,
printing or distribution process in order to comply with health or safety requirements of state or federal law.
[1989, c. 849, §1 (new).]
B. There is no feasible alternative to the use of lead, cadmium, mercury or hexavalent chromium in the package or packaging
component. For the purposes of this section, "no feasible alternative" means a use in which the regulated substance is essential
to the protection, safe handling or function of the package's contents.
[1989, c. 849, §1 (new).]
C. The addition of post-consumer materials causes the package or packaging component to exceed the maximum concentration levels
set forth in section 1733, subsection 3.
[1989, c. 849, §1 (new).]
For packages or packaging components exempted under paragraph A or B, a 2-year exemption may be granted and that exemption
may be renewed for an additional 2 years. An exemption granted under paragraph C is valid for 6 years;
[1995, c. 656, Pt. A, §9 (amd).]
3. Alcoholic beverages bottled prior to effective date. The package or packaging component contains an alcoholic beverage bottled prior to April 1, 1992; or
[1995, c. 184, §4 (amd).]
4. Packaging and packaging components; reused.
[T. 32, §1734. sub-§4 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1735. Certificate of compliance
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1735. Certificate of compliance
A certificate of compliance is a document developed by a manufacturer and furnished to its purchasers that attests that one
or more packages or packaging components meet the standards established in section 1733 or are exempt under the provisions
of section 1734. If compliance is achieved under the exemptions provided in section 1734, the certificate must state the
specific basis upon which the exemption is claimed. A certificate of compliance must be signed by an authorized official
of the manufacturer. A certificate of compliance may cover more than one type of package or packaging component as long as
they are separately identified.
[1993, c. 310, Pt. A, §2 (amd).]
1. New or reformulated packaging. If the manufacturer reformulates or creates a new package or packaging component, the manufacturer shall furnish its purchasers
with an amended or new certificate of compliance for the reformulated or new package or packaging component.
[1993, c. 310, Pt. A, §2 (amd).]
2. Presentation of certificates. Each manufacturer shall furnish the department, at the department's request, with a copy of any certificate of compliance
and each manufacturer or supplier shall furnish, at the department's request, copies of a certificate of compliance for distribution
to the public.
[1995, c. 656, Pt. A, §10 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1736. Enforcement and penalties
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1736. Enforcement and penalties
1. Enforcement. The department shall enforce the provisions of this chapter and may inspect, with the consent of the owner or agent, any
property or building to accomplish the objectives of this chapter.
[1995, c. 656, Pt. A, §11 (amd).]
2. Violation. Any manufacturer or supplier that violates this chapter commits a civil violation for which a forfeiture of not more than
$100 may be adjudged. Each package or packaging component in violation constitutes the basis of a separate offense.
[1989, c. 849, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1737. Rules
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1737. Rules
The department shall adopt rules implementing the provisions of this chapter in consultation with the Department of Agriculture,
Food and Rural Resources. Rules must be adopted in accordance with the Maine Administrative Procedure Act. No rule adopted
pursuant to this chapter may add or remove prohibitions on packaging or packaging components.
[1995, c. 656, Pt. A, §12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1738. Public access
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1738. Public access
A citizen of the State may request in writing from the department a copy of the certificate of compliance for a package or
packaging component found in use or for sale in the State.
[1995, c. 656, Pt. A, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1739. Effective date
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 26-A: REDUCTION OF TOXICS IN PACKAGING (HEADING: PL 1989, c. 849, @1 (new))
§1739. Effective date
This chapter takes effect April 1, 1992.
[1989, c. 849, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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