Maine Revised Statutes Title 32 Sec. 1734 – Exemptions
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All packages and packaging components are subject to the provisions of section 1733 unless: [PL 1989, c. 849, §1 (NEW).]
1. Manufactured prior to April 1, 1992. The package or packaging component has a code indicating a date of manufacture prior to April 1, 1992;
[PL 2019, c. 277, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 32 Sec. 1734
- Alternative: means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732
- Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1732
- Distributor: means any person, firm or corporation that sells a packaged product to a retailer in this State or any person, firm or corporation that receives a shipment or consignment of, or in any other manner acquires, packaged products outside the State for sale to consumers in the State. See Maine Revised Statutes Title 32 Sec. 1732
- Manufacturer: means any person that manufactures a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732
- Package: includes a unit package and a shipping container defined by the American Society for Testing and Materials in its annual book of standards as ASTM, D996; a food package; and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs. See Maine Revised Statutes Title 32 Sec. 1732
- Packaging component: means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. See Maine Revised Statutes Title 32 Sec. 1732
- Supplier: means any person, firm or corporation that sells packages or packaging components to a distributor. See Maine Revised Statutes Title 32 Sec. 1732
2. Health and safety requirements; feasibility; post-consumer materials. The manufacturer, supplier or distributor petitions the department for an exemption for a particular package or packaging component and the department grants an exemption for one or more of the following reasons.
A. The package or packaging component contains lead, cadmium, mercury or hexavalent chromium added in the manufacturing, forming, printing or distribution process in order to comply with health or safety requirements of state or federal law. [PL 1989, c. 849, §1 (NEW).]
B. There is no feasible alternative to the use of lead, cadmium, mercury or hexavalent chromium in the package or packaging component. For the purposes of this section, “no feasible alternative” means a use in which the regulated substance is essential to the protection, safe handling or function of the package’s contents. [PL 1989, c. 849, §1 (NEW).]
C. The addition of post-consumer materials causes the package or packaging component to exceed the maximum concentration levels set forth in section 1733, subsection 3. [PL 1989, c. 849, §1 (NEW).]
For packages or packaging components exempted under paragraph A or B, a 2-year exemption may be granted and that exemption may be renewed for an additional 2 years. An exemption granted under paragraph C is valid for 6 years; or
[PL 2019, c. 277, §4 (AMD).]
3. Alcoholic beverages bottled prior to April 1, 1992. The package or packaging component contains an alcoholic beverage bottled prior to April 1, 1992.
[PL 2019, c. 277, §4 (AMD).]
4. Packaging and packaging components; reused.
[PL 1995, c. 184, §5 (NEW); MRSA T. 32 §1734, sub-§4 (RP).]
SECTION HISTORY
PL 1989, c. 849, §1 (NEW). PL 1991, c. 177, §1 (AMD). PL 1991, c. 177, §2 (AFF). PL 1993, c. 310, §A1 (AMD). PL 1995, c. 184, §§3-5 (AMD). PL 1995, c. 656, §A9 (AMD). PL 2019, c. 277, §4 (AMD).