(a) A manufacturer or distributor of a package or packaging component may submit to the Department an application for a conditional exemption from the provisions of § 9-1902(a) through (c) of this subtitle.

(b) On the written application of a manufacturer or distributor, the Department may grant a conditional exemption if the Department finds that:

(1) In order to comply with a health or safety requirement of federal law, lead, cadmium, mercury, or hexavalent chromium have been added to the package or packaging component in the manufacturing, forming, printing, or distribution process; or

(2) The regulated substance is essential to the protection, safe handling, or function of the package contents.

(c) A conditional exemption granted under this section:

(1) Expires 2 years after the date the Department grants the exemption; and

(2) If the manufacturer or distributor meets the criteria under subsection (b) of this section, may be renewed for additional periods of 2 years.