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Statutes > California > Hsc > 25214.11-25214.3.5

HEALTH AND SAFETY CODE
SECTION 25214.11-25214.3.5



25214.11.  (a) The Legislature finds and declares all of the
following:
   (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 regarding the disposal of hazardous constituents in the
solid waste stream, in light of the presence of heavy metals in
emissions or ash when packaging is incinerated, or in leachate when
packaging is disposed of in a solid waste landfill.
   (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, and reducing the hazardous materials that may be
disposed of in solid waste landfills, to eliminate the addition of
these heavy metals to packaging.
   (6) The intent of this article is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
recycled materials in the production of packaging and its components.
   (b) This article shall be known, and may be cited, as the "Toxics
in Packaging Prevention Act."


25214.12.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authorized official" means a representative of a manufacturer
or supplier who is authorized pursuant to the laws of this state to
bind the manufacturer or supplier regarding the accuracy of the
content of a certificate of compliance.
   (b) "ASTM" means the American Society for Testing and Materials.
   (c) "Distribution" means the practice of taking title to a package
or a packaging component for promotional purposes or resale. A
person involved solely in delivering a package or a packaging
component on behalf of a third party is not engaging in distribution.
   (d) (1) "Intentional introduction" 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) "Intentional introduction" does not include either of the
following:
   (A) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, where the incidental retention of a residue of that
metal in the final package or packaging component is not desired or
deliberate, if the final package or packaging component is in
compliance with subdivision (c) of Section 25214.13.
   (B) The use of recycled materials as feedstock for the manufacture
of new packaging materials, where some portion of the recycled
materials may contain amounts of a regulated metal, if the new
package or packaging component is in compliance with subdivision (c)
of Section 25214.13.
   (e) "Incidental presence" means the presence of a regulated metal
as an unintended or undesired ingredient of a package or packaging
component.
   (f) "Manufacturer" means any person, firm, association,
partnership, or corporation producing a package or packaging
component.
   (g) "Manufacturing" means the physical or chemical modification of
a material to produce packaging or a packaging component.
   (h) (1) Except as provided in paragraph (2), "package" means any
container, produced either domestically or in a foreign country,
providing a means of marketing, protecting, or handling a product
from its point of manufacture to its sale or transfer to a consumer,
including a unity package, an intermediate package, or a shipping
container, as defined in the ASTM specification D 996. "Package" also
includes, but is not limited to, unsealed receptacles, including
carrying cases, crates, cups, pails, rigid foil and other trays,
wrappers and wrapping films, bags, and tubs.
   (2) "Package" does not include a reusable bag, as defined in
subdivision (d) of Section 42250 of the Public Resources Code.
   (i) "Packaging component" means any individual assembled part of a
package that is produced either domestically or in a foreign
country, including, but not necessarily limited to, any interior or
exterior blocking, bracing, cushioning, weatherproofing, exterior
strapping, coatings, closures, inks, labels, dyes, pigments,
adhesives, stabilizers, or any other additives. Tin-plated steel that
meets the ASTM specification A 623 shall be considered as a single
package component. Electrogalvanized coated steel and hot dipped
coated galvanized steel that meet the ASTM qualifications A 591, A
653, A 879, and A 924 shall be treated in the same manner as
tin-plated steel.
   (j) "Purchaser" means a person who purchases and takes title to a
package or a packaging component, from a manufacturer or supplier,
for the purpose of packaging a product manufactured, distributed, or
sold by the purchaser.
   (k) "Recycled material" means a material that has been separated
from solid waste for the purpose of recycling the material as a
secondary material feedstock. Recycled materials include paper,
plastic, wood, glass, ceramics, metals, and other materials, except
that recycled material does not include a regulated metal that has
been separated from other materials into its elemental or other
chemical state for recycling as a secondary material feedstock.
   (l) "Regulated metal" means lead, mercury, cadmium, or hexavalent
chromium.
   (m) (1) "Supplier" means a person who does or is one or more of
the following:
   (A) Sells, offers for sale, or offers for promotional purposes, a
package or packaging component that is used by any other person to
package a product.
   (B) Takes title to a package or packaging component, produced
either domestically or in a foreign country, that is purchased for
resale or promotional purposes.
   (C) Acts as an intermediary for the purchase of a package or
packaging component for resale from a manufacturer located in another
country to a purchaser located in this state, and who may receive a
commission or a fee on that sale.
   (D) Listed as the importer of record on a United States Customs
Service form for an imported package or packaging component.
   (2) "Supplier" does not include a person involved solely in
delivering a package or packaging component on behalf of a third
party.
   (n) "Toxics in Packaging Clearinghouse" means the Toxics in
Packaging Clearinghouse (TPCH) of the Council of State Governments.




25214.13.  (a) Except as provided in Section 25214.14, on and after
January 1, 2006, a manufacturer or supplier may not offer for sale or
for promotional purposes in this state a package or packaging
component that includes a regulated metal, in the package itself, or
in a packaging component, if the regulated metal has been
intentionally introduced into the package or packaging component
during manufacturing or distribution.
   (b) Except as provided in Section 25214.14, on and after January
1, 2006, a person may not offer for sale or for promotional purposes
in this state a product in a package that includes a regulated metal,
in the package itself, or in a packaging component, if the regulated
metal has been intentionally introduced into the package or
packaging component during manufacturing or distribution.
   (c) Except as provided in Section 25214.14, on and after January
1, 2006, a person may not offer for sale or for promotional purposes
in this state a package, packaging component, or product in a package
if the sum of the incidental total concentration levels of all
regulated metals present in a single-component package or in an
individual packaging component exceeds 100 parts per million by
weight.



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.



25214.15.  (a) A package or packaging component qualifies for an
exemption pursuant to Section 25214.14 only if the manufacturer or
supplier prepares, retains, and biennially updates documentation
containing all of the following information for that package or
packaging component:
   (1) A statement that the documentation applies to an exemption
from the requirements of Section 25214.13.
   (2) The name, position, and contact information for the person who
is the manufacturer's or supplier's contact person on all matters
concerning the exemption.
   (3) An identification of the exemption and a reference to the
applicable subdivision in Section 25214.14 setting forth the
conditions for the exemption.
   (4) A description of the type of package or packaging component to
which the exemption applies.
   (5) Identification of the type and concentration of the regulated
metal or metals present in the package or packaging component, and a
description of the testing methods used to determine the
concentration.
   (6) An explanation of the reason for the exemption.
   (7) Supporting documentation that fully and clearly demonstrates
that the package or packaging component is eligible for the
exemption.
   (8) The documentation listed in subdivisions (b), (c), (d), (e),
(f), (g), or (h), whichever is applicable for the exemption.
   (b) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (a) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) Date of manufacture.
   (2) Estimated time needed to exhaust current inventory.
   (3) Alternative package or packaging component that meets the
requirements of Section 25214.13.
   (c) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (b) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation that contains all of the following
information for each regulated metal intentionally introduced in the
package or packaging component to which the exemption applies:
   (1) Identification of the specific federal or state law requiring
the addition of the regulated metal to the package or packaging
component.
   (2) Detailed information that fully and clearly demonstrates that
the addition of the regulated metal to the package or packaging
component is necessary to comply with the law identified pursuant to
paragraph (1).
   (3) A description of past, current, and planned future efforts to
seek or develop alternatives to eliminate the use of the regulated
metal in the package or packaging component.
   (4) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to why the
alternative is not satisfactory for purposes of achieving compliance
with the law identified pursuant to paragraph (1).
   (d) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (c) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The type and percentage of recycled material or materials
added to the package or packaging component.
   (2) The type and concentration of each regulated metal contained
in each recycled material added to the package or packaging
component.
   (3) Efforts to minimize or eliminate the regulated metals in the
package or packaging component.
   (4) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (e) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (d) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for each regulated metal intentionally introduced into
the package or packaging component to which the exemption applies:
   (1) Detailed information and evidence that fully and clearly
demonstrates how the regulated metal contributes to, and is essential
to, the protection, safe handling, or functioning of the package's
contents.
   (2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (3) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to the
technical constraints that preclude substitution of the alternative
for the use of the regulated metal.
   (4) Documentation that the regulated metal is not being used for
the purposes of marketing.
   (f) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (e) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The percentage of reused materials.
   (2) Identification of the federal or state health or safety law
regulating the product being conveyed by the package, the package, or
the packaging component.
   (3) Identification of the federal or state transportation law
regulating the transportation of the packaged product.
   (4) Information demonstrating that the package is disposed of in
accordance with the requirements of this chapter or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104.
   (5) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (g) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (f) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The percentage of reused materials.
   (2) Information and evidence that demonstrates that the
environmental benefit of the controlled distribution and reuse of the
package or packaging component is significantly greater, as compared
to the same package or packaging component manufactured in
compliance with the applicable maximum concentration level set forth
in subdivision (c) of Section 25214.13.
   (3) A means of identifying, in a permanent and visible manner, any
reusable package or packaging component containing a regulated metal
for which the exemption is sought.
   (4) A method of regulatory and financial accountability, so that a
specified percentage of the reusable packages or packaging
components that are manufactured and distributed to other persons are
not discarded by those persons after use, but are returned to the
manufacturer or identified designees.
   (5) A system of inventory and record maintenance to account for
reusable packages or packaging components placed in, and removed
from, service.
   (6) A means of transforming returned packages or packaging
components that are no longer reusable into recycled materials for
manufacturing, or a means of collecting and managing returned
packages or packaging components as waste in accordance with
applicable federal and state law.
   (7) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (h) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (g) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update the following documentation for the package or
packaging component to which the exemption applies:
   (1) Applicable test data.
   (2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (i) A manufacturer or supplier shall submit the documentation
required pursuant to subdivisions (a) to (h), inclusive, to the
department, as follows:
   (1) Upon receipt of a written request from the department, the
manufacturer or supplier shall, on or before 30 calendar days after
the date of receipt, do one of the following:
   (A) Submit the required documentation to the department.
   (B) Submit a letter to the department indicating the date by which
the documentation shall be submitted, which may be no more than 90
calendar days after the date of receipt of the department's request.
   (2) If the department finds that the documentation supplied
pursuant to paragraph (1) is incomplete or incorrect, the department
shall notify the manufacturer or supplier that the documentation is
incomplete or incorrect, and the manufacturer or supplier shall
submit complete and correct documentation to the department within 60
calendar days after the date of receipt of the notification.
   (j) If a manufacturer or supplier fails to comply with subdivision
(i) by any of the specified dates in that subdivision, the
manufacturer or supplier shall, with respect to the package or
packaging component to which the documentation request applies,
comply with one of the following:
   (1) Immediately cease to offer the package or packaging component
for sale or for promotional purposes in this state.
   (2) Replace the package or packaging component with a package or
packaging component that conforms with the regulated metals
limitations specified in Section 25214.13, in accordance with a
schedule approved in writing by the department.
   (3) Submit complete and correct documentation for the package or
packaging component, in accordance with a schedule approved in
writing by the department.



25214.16.  (a) On and after January 1, 2006, each manufacturer or
supplier shall furnish a certificate of compliance to the purchaser
of a package or packaging component, even when the purchaser is also
a supplier, stating that the package or packaging component is in
compliance with the requirements of this article. However, if,
pursuant to Section 25214.14, the package is exempt from the
requirements of Section 25214.13, the certificate of compliance 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 supplier. A copy of the certificate of
compliance shall be kept on file by the manufacturer or supplier of
the package or packaging component.
   (b) A purchaser of a package or packaging component subject to
subdivision (a) shall retain the certificate of compliance for as
long as the package or packaging component is in use by the
purchaser.
   (c) The manufacturer or supplier shall furnish to the department a
copy of the certificate of compliance for each package or packaging
component for which an exemption is claimed under Section 25214.14 at
the time when a certificate of compliance for that package or
packaging component is first furnished to a purchaser. If no
exemption is claimed for a package or packaging component, the
manufacturer or supplier shall provide to the department upon request
a copy of the certificate of compliance for that package or
packaging component.
   (d) If a manufacturer or supplier of a package or packaging
component subject to subdivision (a) reformulates or creates a new
package or packaging component, the manufacturer or supplier shall
provide the purchaser, and, if the package or packaging component is
exempt, the department, with an amended or new certificate of
compliance for the reformulated or new package or packaging
component.


25214.17.  (a) Except as provided in subdivision (b), the
department, pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), shall provide the public with access to all
information relating to a package or packaging component that has
been submitted to the department by a manufacturer or supplier of a
package or packaging component pursuant to this article.
   (b) (1) The department shall keep confidential any information
identified by the manufacturer or supplier, pursuant to paragraph
(2), as a trade secret, as defined in Section 25173, in accordance
with departmental procedures that have been adopted pursuant to
Section 25173, if the department determines that this information
meets that definition of a trade secret.
   (2) A manufacturer or supplier providing information to the
department pursuant to this article shall, at the time of submission,
identify all information that the manufacturer or supplier believes
is a trade secret. The department shall make available to the public
any information that is not a trade secret.



25214.18.  If the department determines that other substances
contained in packaging should be added as regulated metals to the
list set forth in subdivision (l) of Section 25214.12 in order to
further reduce the toxicity of packaging waste, the department may
submit recommendations to the Governor and the Legislature for
additions to the list, along with a description of the nature of the
substitutes used in lieu of the recommended additions to the list.



25214.19.  This article does not do the following:
   (a) Affect a duty or other requirement imposed under federal or
state law.
   (b) Alter or diminish a legal obligation otherwise required in
common law or by statute or regulation.
   (c) Create or enlarge a defense in an action to enforce a legal
obligation otherwise required in common law or by statute or
regulation.


25214.20.  (a) The provisions of this article are severable, and if
a court holds that a phrase, clause, sentence, or provision of this
article is invalid, or that its applicability to a person or
circumstance is invalid, the remainder of the article and its
applicability to other persons and circumstances may not be affected.
   (b) The provisions of this article shall be liberally construed to
give effect to the purposes of this article.



25214.21.  The department may enforce the requirements of this
article pursuant to its authority to enforce this chapter under all
applicable provisions of law.



25214.22.  (a) Except as provided in subdivision (b), a person who
offers for retail sale or for promotional purposes a product in a
package or in a packaging component that includes a regulated metal
shall not be subject to any administrative or civil penalty for a
violation of this article, if the person proves, by a preponderance
of evidence, all of the following:
   (1) The person received a certificate of compliance for the
package or packaging component from the manufacturer or supplier.
   (2) The certificate of compliance received pursuant to paragraph
(1) stated that the package or packaging component is in compliance
with the requirements of this article.
   (3) The person relied on the certificate of compliance and did not
know or had no reason to know that the package or packaging
component was in violation of this article.
   (4) Upon receiving a notice of violation from the department, the
person took corrective action by immediately removing the package or
packaging component from commerce.
   (b) The affirmative defense specified in subdivision (a) does not
apply to, and may not be raised by, a person who has been found to be
in violation of this article on at least two prior occasions in the
preceding three years from the filing date of the current action.




25214.22.1.  A manufacturer or supplier of a package or packaging
component who knowingly and intentionally offers for sale or for
promotional purposes a package or packaging component in violation of
this article is guilty of a misdemeanor punishable by a fine of not
less than five thousand dollars ($5,000) nor more than one hundred
thousand dollars ($100,000), by imprisonment in a county jail for not
more than one year, or by both the fine and imprisonment.



25214.23.  (a) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
   (1) Enter a factory, warehouse, or establishment in which a
package or packaging component is manufactured, packed, held, or
sold; enter a vehicle that is being used to transport, hold, or sell
the package or packaging component; or enter a place where a package
or packaging component is suspected of being held or sold in
violation of this article.
   (2) Inspect a factory, warehouse, establishment, vehicle, or place
described in paragraph (1), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment in which a package or
packaging component is manufactured, packed, held, or sold,
inspection shall include any record, file, paper, process, control,
and facility that has a bearing on whether the package, packaging
component, or product in a package is being manufactured, packed,
held, transported, sold, offered for sale, or offered for promotional
purposes in violation of this article.
   (3) Have access to all records of a carrier in commerce relating
to the movement in commerce of a package or packaging component, or
the holding of that package or packaging component during or after
the movement, and the quantity, shipper, and consignee of the package
or packaging component. A carrier shall not be subject to the other
provisions of this article by reason of its receipt, carriage,
holding, or delivery of a product in a package or packaging component
in the usual course of business as a carrier.
   (b) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.



25214.24.  (a) When taking an action authorized pursuant to Section
25214.23, an authorized representative of the department may secure a
sample of a package, packaging component, or product in a package.
If the representative obtains a sample prior to leaving the premises,
he or she shall leave a receipt describing the sample obtained.
   (b) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
   (c) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.



25214.26.  The department may adopt regulations to implement this
article, as deemed necessary to further the purposes of this article.



25214.3.5.  (a) This article does not limit, supersede, duplicate,
or otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in its product
registry.
   (b) Notwithstanding subdivision (c) of Section 25257.1,
cadmium-containing jewelry shall not be considered as a product
category already regulated or subject to pending regulation for
purposes of Article 14 (commencing with Section 25251).


State Codes and Statutes

Statutes > California > Hsc > 25214.11-25214.3.5

HEALTH AND SAFETY CODE
SECTION 25214.11-25214.3.5



25214.11.  (a) The Legislature finds and declares all of the
following:
   (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 regarding the disposal of hazardous constituents in the
solid waste stream, in light of the presence of heavy metals in
emissions or ash when packaging is incinerated, or in leachate when
packaging is disposed of in a solid waste landfill.
   (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, and reducing the hazardous materials that may be
disposed of in solid waste landfills, to eliminate the addition of
these heavy metals to packaging.
   (6) The intent of this article is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
recycled materials in the production of packaging and its components.
   (b) This article shall be known, and may be cited, as the "Toxics
in Packaging Prevention Act."


25214.12.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authorized official" means a representative of a manufacturer
or supplier who is authorized pursuant to the laws of this state to
bind the manufacturer or supplier regarding the accuracy of the
content of a certificate of compliance.
   (b) "ASTM" means the American Society for Testing and Materials.
   (c) "Distribution" means the practice of taking title to a package
or a packaging component for promotional purposes or resale. A
person involved solely in delivering a package or a packaging
component on behalf of a third party is not engaging in distribution.
   (d) (1) "Intentional introduction" 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) "Intentional introduction" does not include either of the
following:
   (A) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, where the incidental retention of a residue of that
metal in the final package or packaging component is not desired or
deliberate, if the final package or packaging component is in
compliance with subdivision (c) of Section 25214.13.
   (B) The use of recycled materials as feedstock for the manufacture
of new packaging materials, where some portion of the recycled
materials may contain amounts of a regulated metal, if the new
package or packaging component is in compliance with subdivision (c)
of Section 25214.13.
   (e) "Incidental presence" means the presence of a regulated metal
as an unintended or undesired ingredient of a package or packaging
component.
   (f) "Manufacturer" means any person, firm, association,
partnership, or corporation producing a package or packaging
component.
   (g) "Manufacturing" means the physical or chemical modification of
a material to produce packaging or a packaging component.
   (h) (1) Except as provided in paragraph (2), "package" means any
container, produced either domestically or in a foreign country,
providing a means of marketing, protecting, or handling a product
from its point of manufacture to its sale or transfer to a consumer,
including a unity package, an intermediate package, or a shipping
container, as defined in the ASTM specification D 996. "Package" also
includes, but is not limited to, unsealed receptacles, including
carrying cases, crates, cups, pails, rigid foil and other trays,
wrappers and wrapping films, bags, and tubs.
   (2) "Package" does not include a reusable bag, as defined in
subdivision (d) of Section 42250 of the Public Resources Code.
   (i) "Packaging component" means any individual assembled part of a
package that is produced either domestically or in a foreign
country, including, but not necessarily limited to, any interior or
exterior blocking, bracing, cushioning, weatherproofing, exterior
strapping, coatings, closures, inks, labels, dyes, pigments,
adhesives, stabilizers, or any other additives. Tin-plated steel that
meets the ASTM specification A 623 shall be considered as a single
package component. Electrogalvanized coated steel and hot dipped
coated galvanized steel that meet the ASTM qualifications A 591, A
653, A 879, and A 924 shall be treated in the same manner as
tin-plated steel.
   (j) "Purchaser" means a person who purchases and takes title to a
package or a packaging component, from a manufacturer or supplier,
for the purpose of packaging a product manufactured, distributed, or
sold by the purchaser.
   (k) "Recycled material" means a material that has been separated
from solid waste for the purpose of recycling the material as a
secondary material feedstock. Recycled materials include paper,
plastic, wood, glass, ceramics, metals, and other materials, except
that recycled material does not include a regulated metal that has
been separated from other materials into its elemental or other
chemical state for recycling as a secondary material feedstock.
   (l) "Regulated metal" means lead, mercury, cadmium, or hexavalent
chromium.
   (m) (1) "Supplier" means a person who does or is one or more of
the following:
   (A) Sells, offers for sale, or offers for promotional purposes, a
package or packaging component that is used by any other person to
package a product.
   (B) Takes title to a package or packaging component, produced
either domestically or in a foreign country, that is purchased for
resale or promotional purposes.
   (C) Acts as an intermediary for the purchase of a package or
packaging component for resale from a manufacturer located in another
country to a purchaser located in this state, and who may receive a
commission or a fee on that sale.
   (D) Listed as the importer of record on a United States Customs
Service form for an imported package or packaging component.
   (2) "Supplier" does not include a person involved solely in
delivering a package or packaging component on behalf of a third
party.
   (n) "Toxics in Packaging Clearinghouse" means the Toxics in
Packaging Clearinghouse (TPCH) of the Council of State Governments.




25214.13.  (a) Except as provided in Section 25214.14, on and after
January 1, 2006, a manufacturer or supplier may not offer for sale or
for promotional purposes in this state a package or packaging
component that includes a regulated metal, in the package itself, or
in a packaging component, if the regulated metal has been
intentionally introduced into the package or packaging component
during manufacturing or distribution.
   (b) Except as provided in Section 25214.14, on and after January
1, 2006, a person may not offer for sale or for promotional purposes
in this state a product in a package that includes a regulated metal,
in the package itself, or in a packaging component, if the regulated
metal has been intentionally introduced into the package or
packaging component during manufacturing or distribution.
   (c) Except as provided in Section 25214.14, on and after January
1, 2006, a person may not offer for sale or for promotional purposes
in this state a package, packaging component, or product in a package
if the sum of the incidental total concentration levels of all
regulated metals present in a single-component package or in an
individual packaging component exceeds 100 parts per million by
weight.



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.



25214.15.  (a) A package or packaging component qualifies for an
exemption pursuant to Section 25214.14 only if the manufacturer or
supplier prepares, retains, and biennially updates documentation
containing all of the following information for that package or
packaging component:
   (1) A statement that the documentation applies to an exemption
from the requirements of Section 25214.13.
   (2) The name, position, and contact information for the person who
is the manufacturer's or supplier's contact person on all matters
concerning the exemption.
   (3) An identification of the exemption and a reference to the
applicable subdivision in Section 25214.14 setting forth the
conditions for the exemption.
   (4) A description of the type of package or packaging component to
which the exemption applies.
   (5) Identification of the type and concentration of the regulated
metal or metals present in the package or packaging component, and a
description of the testing methods used to determine the
concentration.
   (6) An explanation of the reason for the exemption.
   (7) Supporting documentation that fully and clearly demonstrates
that the package or packaging component is eligible for the
exemption.
   (8) The documentation listed in subdivisions (b), (c), (d), (e),
(f), (g), or (h), whichever is applicable for the exemption.
   (b) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (a) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) Date of manufacture.
   (2) Estimated time needed to exhaust current inventory.
   (3) Alternative package or packaging component that meets the
requirements of Section 25214.13.
   (c) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (b) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation that contains all of the following
information for each regulated metal intentionally introduced in the
package or packaging component to which the exemption applies:
   (1) Identification of the specific federal or state law requiring
the addition of the regulated metal to the package or packaging
component.
   (2) Detailed information that fully and clearly demonstrates that
the addition of the regulated metal to the package or packaging
component is necessary to comply with the law identified pursuant to
paragraph (1).
   (3) A description of past, current, and planned future efforts to
seek or develop alternatives to eliminate the use of the regulated
metal in the package or packaging component.
   (4) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to why the
alternative is not satisfactory for purposes of achieving compliance
with the law identified pursuant to paragraph (1).
   (d) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (c) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The type and percentage of recycled material or materials
added to the package or packaging component.
   (2) The type and concentration of each regulated metal contained
in each recycled material added to the package or packaging
component.
   (3) Efforts to minimize or eliminate the regulated metals in the
package or packaging component.
   (4) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (e) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (d) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for each regulated metal intentionally introduced into
the package or packaging component to which the exemption applies:
   (1) Detailed information and evidence that fully and clearly
demonstrates how the regulated metal contributes to, and is essential
to, the protection, safe handling, or functioning of the package's
contents.
   (2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (3) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to the
technical constraints that preclude substitution of the alternative
for the use of the regulated metal.
   (4) Documentation that the regulated metal is not being used for
the purposes of marketing.
   (f) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (e) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The percentage of reused materials.
   (2) Identification of the federal or state health or safety law
regulating the product being conveyed by the package, the package, or
the packaging component.
   (3) Identification of the federal or state transportation law
regulating the transportation of the packaged product.
   (4) Information demonstrating that the package is disposed of in
accordance with the requirements of this chapter or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104.
   (5) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (g) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (f) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The percentage of reused materials.
   (2) Information and evidence that demonstrates that the
environmental benefit of the controlled distribution and reuse of the
package or packaging component is significantly greater, as compared
to the same package or packaging component manufactured in
compliance with the applicable maximum concentration level set forth
in subdivision (c) of Section 25214.13.
   (3) A means of identifying, in a permanent and visible manner, any
reusable package or packaging component containing a regulated metal
for which the exemption is sought.
   (4) A method of regulatory and financial accountability, so that a
specified percentage of the reusable packages or packaging
components that are manufactured and distributed to other persons are
not discarded by those persons after use, but are returned to the
manufacturer or identified designees.
   (5) A system of inventory and record maintenance to account for
reusable packages or packaging components placed in, and removed
from, service.
   (6) A means of transforming returned packages or packaging
components that are no longer reusable into recycled materials for
manufacturing, or a means of collecting and managing returned
packages or packaging components as waste in accordance with
applicable federal and state law.
   (7) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (h) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (g) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update the following documentation for the package or
packaging component to which the exemption applies:
   (1) Applicable test data.
   (2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (i) A manufacturer or supplier shall submit the documentation
required pursuant to subdivisions (a) to (h), inclusive, to the
department, as follows:
   (1) Upon receipt of a written request from the department, the
manufacturer or supplier shall, on or before 30 calendar days after
the date of receipt, do one of the following:
   (A) Submit the required documentation to the department.
   (B) Submit a letter to the department indicating the date by which
the documentation shall be submitted, which may be no more than 90
calendar days after the date of receipt of the department's request.
   (2) If the department finds that the documentation supplied
pursuant to paragraph (1) is incomplete or incorrect, the department
shall notify the manufacturer or supplier that the documentation is
incomplete or incorrect, and the manufacturer or supplier shall
submit complete and correct documentation to the department within 60
calendar days after the date of receipt of the notification.
   (j) If a manufacturer or supplier fails to comply with subdivision
(i) by any of the specified dates in that subdivision, the
manufacturer or supplier shall, with respect to the package or
packaging component to which the documentation request applies,
comply with one of the following:
   (1) Immediately cease to offer the package or packaging component
for sale or for promotional purposes in this state.
   (2) Replace the package or packaging component with a package or
packaging component that conforms with the regulated metals
limitations specified in Section 25214.13, in accordance with a
schedule approved in writing by the department.
   (3) Submit complete and correct documentation for the package or
packaging component, in accordance with a schedule approved in
writing by the department.



25214.16.  (a) On and after January 1, 2006, each manufacturer or
supplier shall furnish a certificate of compliance to the purchaser
of a package or packaging component, even when the purchaser is also
a supplier, stating that the package or packaging component is in
compliance with the requirements of this article. However, if,
pursuant to Section 25214.14, the package is exempt from the
requirements of Section 25214.13, the certificate of compliance 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 supplier. A copy of the certificate of
compliance shall be kept on file by the manufacturer or supplier of
the package or packaging component.
   (b) A purchaser of a package or packaging component subject to
subdivision (a) shall retain the certificate of compliance for as
long as the package or packaging component is in use by the
purchaser.
   (c) The manufacturer or supplier shall furnish to the department a
copy of the certificate of compliance for each package or packaging
component for which an exemption is claimed under Section 25214.14 at
the time when a certificate of compliance for that package or
packaging component is first furnished to a purchaser. If no
exemption is claimed for a package or packaging component, the
manufacturer or supplier shall provide to the department upon request
a copy of the certificate of compliance for that package or
packaging component.
   (d) If a manufacturer or supplier of a package or packaging
component subject to subdivision (a) reformulates or creates a new
package or packaging component, the manufacturer or supplier shall
provide the purchaser, and, if the package or packaging component is
exempt, the department, with an amended or new certificate of
compliance for the reformulated or new package or packaging
component.


25214.17.  (a) Except as provided in subdivision (b), the
department, pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), shall provide the public with access to all
information relating to a package or packaging component that has
been submitted to the department by a manufacturer or supplier of a
package or packaging component pursuant to this article.
   (b) (1) The department shall keep confidential any information
identified by the manufacturer or supplier, pursuant to paragraph
(2), as a trade secret, as defined in Section 25173, in accordance
with departmental procedures that have been adopted pursuant to
Section 25173, if the department determines that this information
meets that definition of a trade secret.
   (2) A manufacturer or supplier providing information to the
department pursuant to this article shall, at the time of submission,
identify all information that the manufacturer or supplier believes
is a trade secret. The department shall make available to the public
any information that is not a trade secret.



25214.18.  If the department determines that other substances
contained in packaging should be added as regulated metals to the
list set forth in subdivision (l) of Section 25214.12 in order to
further reduce the toxicity of packaging waste, the department may
submit recommendations to the Governor and the Legislature for
additions to the list, along with a description of the nature of the
substitutes used in lieu of the recommended additions to the list.



25214.19.  This article does not do the following:
   (a) Affect a duty or other requirement imposed under federal or
state law.
   (b) Alter or diminish a legal obligation otherwise required in
common law or by statute or regulation.
   (c) Create or enlarge a defense in an action to enforce a legal
obligation otherwise required in common law or by statute or
regulation.


25214.20.  (a) The provisions of this article are severable, and if
a court holds that a phrase, clause, sentence, or provision of this
article is invalid, or that its applicability to a person or
circumstance is invalid, the remainder of the article and its
applicability to other persons and circumstances may not be affected.
   (b) The provisions of this article shall be liberally construed to
give effect to the purposes of this article.



25214.21.  The department may enforce the requirements of this
article pursuant to its authority to enforce this chapter under all
applicable provisions of law.



25214.22.  (a) Except as provided in subdivision (b), a person who
offers for retail sale or for promotional purposes a product in a
package or in a packaging component that includes a regulated metal
shall not be subject to any administrative or civil penalty for a
violation of this article, if the person proves, by a preponderance
of evidence, all of the following:
   (1) The person received a certificate of compliance for the
package or packaging component from the manufacturer or supplier.
   (2) The certificate of compliance received pursuant to paragraph
(1) stated that the package or packaging component is in compliance
with the requirements of this article.
   (3) The person relied on the certificate of compliance and did not
know or had no reason to know that the package or packaging
component was in violation of this article.
   (4) Upon receiving a notice of violation from the department, the
person took corrective action by immediately removing the package or
packaging component from commerce.
   (b) The affirmative defense specified in subdivision (a) does not
apply to, and may not be raised by, a person who has been found to be
in violation of this article on at least two prior occasions in the
preceding three years from the filing date of the current action.




25214.22.1.  A manufacturer or supplier of a package or packaging
component who knowingly and intentionally offers for sale or for
promotional purposes a package or packaging component in violation of
this article is guilty of a misdemeanor punishable by a fine of not
less than five thousand dollars ($5,000) nor more than one hundred
thousand dollars ($100,000), by imprisonment in a county jail for not
more than one year, or by both the fine and imprisonment.



25214.23.  (a) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
   (1) Enter a factory, warehouse, or establishment in which a
package or packaging component is manufactured, packed, held, or
sold; enter a vehicle that is being used to transport, hold, or sell
the package or packaging component; or enter a place where a package
or packaging component is suspected of being held or sold in
violation of this article.
   (2) Inspect a factory, warehouse, establishment, vehicle, or place
described in paragraph (1), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment in which a package or
packaging component is manufactured, packed, held, or sold,
inspection shall include any record, file, paper, process, control,
and facility that has a bearing on whether the package, packaging
component, or product in a package is being manufactured, packed,
held, transported, sold, offered for sale, or offered for promotional
purposes in violation of this article.
   (3) Have access to all records of a carrier in commerce relating
to the movement in commerce of a package or packaging component, or
the holding of that package or packaging component during or after
the movement, and the quantity, shipper, and consignee of the package
or packaging component. A carrier shall not be subject to the other
provisions of this article by reason of its receipt, carriage,
holding, or delivery of a product in a package or packaging component
in the usual course of business as a carrier.
   (b) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.



25214.24.  (a) When taking an action authorized pursuant to Section
25214.23, an authorized representative of the department may secure a
sample of a package, packaging component, or product in a package.
If the representative obtains a sample prior to leaving the premises,
he or she shall leave a receipt describing the sample obtained.
   (b) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
   (c) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.



25214.26.  The department may adopt regulations to implement this
article, as deemed necessary to further the purposes of this article.



25214.3.5.  (a) This article does not limit, supersede, duplicate,
or otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in its product
registry.
   (b) Notwithstanding subdivision (c) of Section 25257.1,
cadmium-containing jewelry shall not be considered as a product
category already regulated or subject to pending regulation for
purposes of Article 14 (commencing with Section 25251).



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 25214.11-25214.3.5

HEALTH AND SAFETY CODE
SECTION 25214.11-25214.3.5



25214.11.  (a) The Legislature finds and declares all of the
following:
   (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 regarding the disposal of hazardous constituents in the
solid waste stream, in light of the presence of heavy metals in
emissions or ash when packaging is incinerated, or in leachate when
packaging is disposed of in a solid waste landfill.
   (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, and reducing the hazardous materials that may be
disposed of in solid waste landfills, to eliminate the addition of
these heavy metals to packaging.
   (6) The intent of this article is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
recycled materials in the production of packaging and its components.
   (b) This article shall be known, and may be cited, as the "Toxics
in Packaging Prevention Act."


25214.12.  For purposes of this article, the following terms have
the following meanings:
   (a) "Authorized official" means a representative of a manufacturer
or supplier who is authorized pursuant to the laws of this state to
bind the manufacturer or supplier regarding the accuracy of the
content of a certificate of compliance.
   (b) "ASTM" means the American Society for Testing and Materials.
   (c) "Distribution" means the practice of taking title to a package
or a packaging component for promotional purposes or resale. A
person involved solely in delivering a package or a packaging
component on behalf of a third party is not engaging in distribution.
   (d) (1) "Intentional introduction" 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) "Intentional introduction" does not include either of the
following:
   (A) The use of a regulated metal as a processing agent or
intermediate to impart certain chemical or physical changes during
manufacturing, where the incidental retention of a residue of that
metal in the final package or packaging component is not desired or
deliberate, if the final package or packaging component is in
compliance with subdivision (c) of Section 25214.13.
   (B) The use of recycled materials as feedstock for the manufacture
of new packaging materials, where some portion of the recycled
materials may contain amounts of a regulated metal, if the new
package or packaging component is in compliance with subdivision (c)
of Section 25214.13.
   (e) "Incidental presence" means the presence of a regulated metal
as an unintended or undesired ingredient of a package or packaging
component.
   (f) "Manufacturer" means any person, firm, association,
partnership, or corporation producing a package or packaging
component.
   (g) "Manufacturing" means the physical or chemical modification of
a material to produce packaging or a packaging component.
   (h) (1) Except as provided in paragraph (2), "package" means any
container, produced either domestically or in a foreign country,
providing a means of marketing, protecting, or handling a product
from its point of manufacture to its sale or transfer to a consumer,
including a unity package, an intermediate package, or a shipping
container, as defined in the ASTM specification D 996. "Package" also
includes, but is not limited to, unsealed receptacles, including
carrying cases, crates, cups, pails, rigid foil and other trays,
wrappers and wrapping films, bags, and tubs.
   (2) "Package" does not include a reusable bag, as defined in
subdivision (d) of Section 42250 of the Public Resources Code.
   (i) "Packaging component" means any individual assembled part of a
package that is produced either domestically or in a foreign
country, including, but not necessarily limited to, any interior or
exterior blocking, bracing, cushioning, weatherproofing, exterior
strapping, coatings, closures, inks, labels, dyes, pigments,
adhesives, stabilizers, or any other additives. Tin-plated steel that
meets the ASTM specification A 623 shall be considered as a single
package component. Electrogalvanized coated steel and hot dipped
coated galvanized steel that meet the ASTM qualifications A 591, A
653, A 879, and A 924 shall be treated in the same manner as
tin-plated steel.
   (j) "Purchaser" means a person who purchases and takes title to a
package or a packaging component, from a manufacturer or supplier,
for the purpose of packaging a product manufactured, distributed, or
sold by the purchaser.
   (k) "Recycled material" means a material that has been separated
from solid waste for the purpose of recycling the material as a
secondary material feedstock. Recycled materials include paper,
plastic, wood, glass, ceramics, metals, and other materials, except
that recycled material does not include a regulated metal that has
been separated from other materials into its elemental or other
chemical state for recycling as a secondary material feedstock.
   (l) "Regulated metal" means lead, mercury, cadmium, or hexavalent
chromium.
   (m) (1) "Supplier" means a person who does or is one or more of
the following:
   (A) Sells, offers for sale, or offers for promotional purposes, a
package or packaging component that is used by any other person to
package a product.
   (B) Takes title to a package or packaging component, produced
either domestically or in a foreign country, that is purchased for
resale or promotional purposes.
   (C) Acts as an intermediary for the purchase of a package or
packaging component for resale from a manufacturer located in another
country to a purchaser located in this state, and who may receive a
commission or a fee on that sale.
   (D) Listed as the importer of record on a United States Customs
Service form for an imported package or packaging component.
   (2) "Supplier" does not include a person involved solely in
delivering a package or packaging component on behalf of a third
party.
   (n) "Toxics in Packaging Clearinghouse" means the Toxics in
Packaging Clearinghouse (TPCH) of the Council of State Governments.




25214.13.  (a) Except as provided in Section 25214.14, on and after
January 1, 2006, a manufacturer or supplier may not offer for sale or
for promotional purposes in this state a package or packaging
component that includes a regulated metal, in the package itself, or
in a packaging component, if the regulated metal has been
intentionally introduced into the package or packaging component
during manufacturing or distribution.
   (b) Except as provided in Section 25214.14, on and after January
1, 2006, a person may not offer for sale or for promotional purposes
in this state a product in a package that includes a regulated metal,
in the package itself, or in a packaging component, if the regulated
metal has been intentionally introduced into the package or
packaging component during manufacturing or distribution.
   (c) Except as provided in Section 25214.14, on and after January
1, 2006, a person may not offer for sale or for promotional purposes
in this state a package, packaging component, or product in a package
if the sum of the incidental total concentration levels of all
regulated metals present in a single-component package or in an
individual packaging component exceeds 100 parts per million by
weight.



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.



25214.15.  (a) A package or packaging component qualifies for an
exemption pursuant to Section 25214.14 only if the manufacturer or
supplier prepares, retains, and biennially updates documentation
containing all of the following information for that package or
packaging component:
   (1) A statement that the documentation applies to an exemption
from the requirements of Section 25214.13.
   (2) The name, position, and contact information for the person who
is the manufacturer's or supplier's contact person on all matters
concerning the exemption.
   (3) An identification of the exemption and a reference to the
applicable subdivision in Section 25214.14 setting forth the
conditions for the exemption.
   (4) A description of the type of package or packaging component to
which the exemption applies.
   (5) Identification of the type and concentration of the regulated
metal or metals present in the package or packaging component, and a
description of the testing methods used to determine the
concentration.
   (6) An explanation of the reason for the exemption.
   (7) Supporting documentation that fully and clearly demonstrates
that the package or packaging component is eligible for the
exemption.
   (8) The documentation listed in subdivisions (b), (c), (d), (e),
(f), (g), or (h), whichever is applicable for the exemption.
   (b) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (a) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) Date of manufacture.
   (2) Estimated time needed to exhaust current inventory.
   (3) Alternative package or packaging component that meets the
requirements of Section 25214.13.
   (c) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (b) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation that contains all of the following
information for each regulated metal intentionally introduced in the
package or packaging component to which the exemption applies:
   (1) Identification of the specific federal or state law requiring
the addition of the regulated metal to the package or packaging
component.
   (2) Detailed information that fully and clearly demonstrates that
the addition of the regulated metal to the package or packaging
component is necessary to comply with the law identified pursuant to
paragraph (1).
   (3) A description of past, current, and planned future efforts to
seek or develop alternatives to eliminate the use of the regulated
metal in the package or packaging component.
   (4) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to why the
alternative is not satisfactory for purposes of achieving compliance
with the law identified pursuant to paragraph (1).
   (d) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (c) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The type and percentage of recycled material or materials
added to the package or packaging component.
   (2) The type and concentration of each regulated metal contained
in each recycled material added to the package or packaging
component.
   (3) Efforts to minimize or eliminate the regulated metals in the
package or packaging component.
   (4) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (e) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (d) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for each regulated metal intentionally introduced into
the package or packaging component to which the exemption applies:
   (1) Detailed information and evidence that fully and clearly
demonstrates how the regulated metal contributes to, and is essential
to, the protection, safe handling, or functioning of the package's
contents.
   (2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (3) A description of all alternative measures that have been
considered, and, for each alternative, an explanation as to the
technical constraints that preclude substitution of the alternative
for the use of the regulated metal.
   (4) Documentation that the regulated metal is not being used for
the purposes of marketing.
   (f) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (e) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The percentage of reused materials.
   (2) Identification of the federal or state health or safety law
regulating the product being conveyed by the package, the package, or
the packaging component.
   (3) Identification of the federal or state transportation law
regulating the transportation of the packaged product.
   (4) Information demonstrating that the package is disposed of in
accordance with the requirements of this chapter or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104.
   (5) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (g) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (f) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update documentation containing all of the following
information for the package or packaging component to which the
exemption applies:
   (1) The percentage of reused materials.
   (2) Information and evidence that demonstrates that the
environmental benefit of the controlled distribution and reuse of the
package or packaging component is significantly greater, as compared
to the same package or packaging component manufactured in
compliance with the applicable maximum concentration level set forth
in subdivision (c) of Section 25214.13.
   (3) A means of identifying, in a permanent and visible manner, any
reusable package or packaging component containing a regulated metal
for which the exemption is sought.
   (4) A method of regulatory and financial accountability, so that a
specified percentage of the reusable packages or packaging
components that are manufactured and distributed to other persons are
not discarded by those persons after use, but are returned to the
manufacturer or identified designees.
   (5) A system of inventory and record maintenance to account for
reusable packages or packaging components placed in, and removed
from, service.
   (6) A means of transforming returned packages or packaging
components that are no longer reusable into recycled materials for
manufacturing, or a means of collecting and managing returned
packages or packaging components as waste in accordance with
applicable federal and state law.
   (7) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (h) In addition to the requirements specified in subdivision (a),
if an exemption is being claimed under subdivision (g) of Section
25214.14, the manufacturer or supplier shall prepare, retain, and
biennially update the following documentation for the package or
packaging component to which the exemption applies:
   (1) Applicable test data.
   (2) A description of past, current, and planned future efforts to
seek or develop alternatives to minimize or eliminate the use of the
regulated metal in the package or packaging component.
   (i) A manufacturer or supplier shall submit the documentation
required pursuant to subdivisions (a) to (h), inclusive, to the
department, as follows:
   (1) Upon receipt of a written request from the department, the
manufacturer or supplier shall, on or before 30 calendar days after
the date of receipt, do one of the following:
   (A) Submit the required documentation to the department.
   (B) Submit a letter to the department indicating the date by which
the documentation shall be submitted, which may be no more than 90
calendar days after the date of receipt of the department's request.
   (2) If the department finds that the documentation supplied
pursuant to paragraph (1) is incomplete or incorrect, the department
shall notify the manufacturer or supplier that the documentation is
incomplete or incorrect, and the manufacturer or supplier shall
submit complete and correct documentation to the department within 60
calendar days after the date of receipt of the notification.
   (j) If a manufacturer or supplier fails to comply with subdivision
(i) by any of the specified dates in that subdivision, the
manufacturer or supplier shall, with respect to the package or
packaging component to which the documentation request applies,
comply with one of the following:
   (1) Immediately cease to offer the package or packaging component
for sale or for promotional purposes in this state.
   (2) Replace the package or packaging component with a package or
packaging component that conforms with the regulated metals
limitations specified in Section 25214.13, in accordance with a
schedule approved in writing by the department.
   (3) Submit complete and correct documentation for the package or
packaging component, in accordance with a schedule approved in
writing by the department.



25214.16.  (a) On and after January 1, 2006, each manufacturer or
supplier shall furnish a certificate of compliance to the purchaser
of a package or packaging component, even when the purchaser is also
a supplier, stating that the package or packaging component is in
compliance with the requirements of this article. However, if,
pursuant to Section 25214.14, the package is exempt from the
requirements of Section 25214.13, the certificate of compliance 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 supplier. A copy of the certificate of
compliance shall be kept on file by the manufacturer or supplier of
the package or packaging component.
   (b) A purchaser of a package or packaging component subject to
subdivision (a) shall retain the certificate of compliance for as
long as the package or packaging component is in use by the
purchaser.
   (c) The manufacturer or supplier shall furnish to the department a
copy of the certificate of compliance for each package or packaging
component for which an exemption is claimed under Section 25214.14 at
the time when a certificate of compliance for that package or
packaging component is first furnished to a purchaser. If no
exemption is claimed for a package or packaging component, the
manufacturer or supplier shall provide to the department upon request
a copy of the certificate of compliance for that package or
packaging component.
   (d) If a manufacturer or supplier of a package or packaging
component subject to subdivision (a) reformulates or creates a new
package or packaging component, the manufacturer or supplier shall
provide the purchaser, and, if the package or packaging component is
exempt, the department, with an amended or new certificate of
compliance for the reformulated or new package or packaging
component.


25214.17.  (a) Except as provided in subdivision (b), the
department, pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), shall provide the public with access to all
information relating to a package or packaging component that has
been submitted to the department by a manufacturer or supplier of a
package or packaging component pursuant to this article.
   (b) (1) The department shall keep confidential any information
identified by the manufacturer or supplier, pursuant to paragraph
(2), as a trade secret, as defined in Section 25173, in accordance
with departmental procedures that have been adopted pursuant to
Section 25173, if the department determines that this information
meets that definition of a trade secret.
   (2) A manufacturer or supplier providing information to the
department pursuant to this article shall, at the time of submission,
identify all information that the manufacturer or supplier believes
is a trade secret. The department shall make available to the public
any information that is not a trade secret.



25214.18.  If the department determines that other substances
contained in packaging should be added as regulated metals to the
list set forth in subdivision (l) of Section 25214.12 in order to
further reduce the toxicity of packaging waste, the department may
submit recommendations to the Governor and the Legislature for
additions to the list, along with a description of the nature of the
substitutes used in lieu of the recommended additions to the list.



25214.19.  This article does not do the following:
   (a) Affect a duty or other requirement imposed under federal or
state law.
   (b) Alter or diminish a legal obligation otherwise required in
common law or by statute or regulation.
   (c) Create or enlarge a defense in an action to enforce a legal
obligation otherwise required in common law or by statute or
regulation.


25214.20.  (a) The provisions of this article are severable, and if
a court holds that a phrase, clause, sentence, or provision of this
article is invalid, or that its applicability to a person or
circumstance is invalid, the remainder of the article and its
applicability to other persons and circumstances may not be affected.
   (b) The provisions of this article shall be liberally construed to
give effect to the purposes of this article.



25214.21.  The department may enforce the requirements of this
article pursuant to its authority to enforce this chapter under all
applicable provisions of law.



25214.22.  (a) Except as provided in subdivision (b), a person who
offers for retail sale or for promotional purposes a product in a
package or in a packaging component that includes a regulated metal
shall not be subject to any administrative or civil penalty for a
violation of this article, if the person proves, by a preponderance
of evidence, all of the following:
   (1) The person received a certificate of compliance for the
package or packaging component from the manufacturer or supplier.
   (2) The certificate of compliance received pursuant to paragraph
(1) stated that the package or packaging component is in compliance
with the requirements of this article.
   (3) The person relied on the certificate of compliance and did not
know or had no reason to know that the package or packaging
component was in violation of this article.
   (4) Upon receiving a notice of violation from the department, the
person took corrective action by immediately removing the package or
packaging component from commerce.
   (b) The affirmative defense specified in subdivision (a) does not
apply to, and may not be raised by, a person who has been found to be
in violation of this article on at least two prior occasions in the
preceding three years from the filing date of the current action.




25214.22.1.  A manufacturer or supplier of a package or packaging
component who knowingly and intentionally offers for sale or for
promotional purposes a package or packaging component in violation of
this article is guilty of a misdemeanor punishable by a fine of not
less than five thousand dollars ($5,000) nor more than one hundred
thousand dollars ($100,000), by imprisonment in a county jail for not
more than one year, or by both the fine and imprisonment.



25214.23.  (a) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
   (1) Enter a factory, warehouse, or establishment in which a
package or packaging component is manufactured, packed, held, or
sold; enter a vehicle that is being used to transport, hold, or sell
the package or packaging component; or enter a place where a package
or packaging component is suspected of being held or sold in
violation of this article.
   (2) Inspect a factory, warehouse, establishment, vehicle, or place
described in paragraph (1), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment in which a package or
packaging component is manufactured, packed, held, or sold,
inspection shall include any record, file, paper, process, control,
and facility that has a bearing on whether the package, packaging
component, or product in a package is being manufactured, packed,
held, transported, sold, offered for sale, or offered for promotional
purposes in violation of this article.
   (3) Have access to all records of a carrier in commerce relating
to the movement in commerce of a package or packaging component, or
the holding of that package or packaging component during or after
the movement, and the quantity, shipper, and consignee of the package
or packaging component. A carrier shall not be subject to the other
provisions of this article by reason of its receipt, carriage,
holding, or delivery of a product in a package or packaging component
in the usual course of business as a carrier.
   (b) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.



25214.24.  (a) When taking an action authorized pursuant to Section
25214.23, an authorized representative of the department may secure a
sample of a package, packaging component, or product in a package.
If the representative obtains a sample prior to leaving the premises,
he or she shall leave a receipt describing the sample obtained.
   (b) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
   (c) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.



25214.26.  The department may adopt regulations to implement this
article, as deemed necessary to further the purposes of this article.



25214.3.5.  (a) This article does not limit, supersede, duplicate,
or otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in its product
registry.
   (b) Notwithstanding subdivision (c) of Section 25257.1,
cadmium-containing jewelry shall not be considered as a product
category already regulated or subject to pending regulation for
purposes of Article 14 (commencing with Section 25251).