Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 80 - REDUCTION OF TOXICS IN PACKAGING
Section 096-80-6 - EXEMPTIONS

Universal Citation: 06 ME Code Rules ยง 096-80-6

Current through 2024-13, March 27, 2024

A. A manufacturer is entitled to an exemption where:

(1) The package or packaging component has a code indicating a date of manufacture prior to April 1, 1992 or the manufacturer can provide written documentation that the package or packaging component was manufactured prior to April 1, 1992; or

(2) The package or packaging component contains an alcoholic beverage bottled prior to April 1, 1992.

B. A manufacturer may petition the agency for an exemption for a particular package or packaging component where:

(1) The package or packaging component contains lead, cadmium, mercury or hexavalent chromium added in the manufacturing, forming, printing or distribution process in order to comply with health or safety requirements of state or federal law; or

(2) There is no feasible alternative to the use of lead, cadmium, mercury or hexavalent chromium in the package or packaging component. For the purposes of this section, no feasible alternative" means a use in which the regulated substance is essential to the protection, safe handling or function of the package's contents; or

(3) The addition of post-consumer materials causes the package or packaging component to exceed the maximum concentration levels set forth in Section 4; or

(NOTE.- For a package where all components contain recycled content, the entire package is exempt. However, in the case where one component contains recycled content and the other components do not, only the component containing recycled content would be exempt and not the entire package.)

(4) The package or packaging component has been exempted by another Northeastern state with similar legislation.

C. All manufacturers claiming an exemption shall file a certificate of compliance with the agency conforming to the form attached as Exhibit 2 and stating the specific basis upon which the exemption is requested.

D. Exemptions under paragraphs A(l) and A(2) are permanent. Exemptions under paragraphs B(1) and B(2) may be granted for periods of two years. In order to receive an exemption for additional two year periods, the manufacturer would have to file an exemption request. Exemptions under paragraph B(3) expire April 1, 1996. Exemptions granted under paragraph B(4) will continue in effect only as long as the applicant can show that it holds an exemption under similar legislation from another Northeastern state.

E. Exemptions are deemed to be approved for maximum times under Section 6.D. , unless the manufacturer is notified otherwise within 60 days of the agency's receipt of the certificate of compliance.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.