06-096 C.M.R. ch. 80, § 7 - Exemptions

A. Packages or packaging components are exempt 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 Department 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.

C. All manufacturers claiming an exemption shall file a certificate of compliance with the Department stating the specific basis upon which the exemption is requested. (See section 6(A) above.)

D. Exemptions under paragraphs 7(A)(1) and 7(A)(2) are permanent. Exemptions under paragraphs 7(B)(1) and 7(B)(2) may be granted for periods of two years.

Notes

06-096 C.M.R. ch. 80, § 7