10. a. A package or container that contains milk products, plant-based products with names that include the names of dairy foods such as “milk,” medical food, food for special dietary use, or infant formula shall be exempt from the postconsumer recycled content requirements of this act.

b. (1) A package or container that contains food shall be exempt from the postconsumer recycled content requirements of this act for a period of five years beginning on the effective date of this act, except that the exemption provided in this paragraph shall not apply to a plastic beverage container or a glass container filled with a beverage.

(2) The department may, in its discretion, extend the five-year exemption provided in paragraph (1) of this subsection. Upon expiration of the exemption, a manufacturer shall be subject to the applicable postconsumer recycled content requirements in effect at the time of the expiration, unless the manufacturer applies to, and receives from, the department a waiver pursuant to section 11 of this act.

c. As used in this section:

“Food for special dietary use” means the same as the term is defined in 21 U.S.C. § 350.

“Medical food” and “infant formula” mean the same as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.

“Milk product” means the same as that term is defined by the United States Food and Drug Administration.

L.2021, c.391, s.10.