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SB-232 Hazardous substances: regulated metals: packaging materials.(2019-2020)

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Date Published: 09/07/2019 04:00 AM
SB232:v95#DOCUMENT

Enrolled  September 06, 2019
Passed  IN  Senate  September 04, 2019
Passed  IN  Assembly  September 03, 2019
Amended  IN  Assembly  August 22, 2019
Amended  IN  Assembly  May 30, 2019
Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 232

Introduced by Senator Dodd
(Coauthors: Senators Bates and Galgiani)
(Coauthor: Assembly Member Cristina Garcia)

February 07, 2019

An act to amend, repeal, and add Section 25214.13 of the Health and Safety Code, relating to hazardous substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 232, Dodd. Hazardous substances: regulated metals: packaging materials.
The Toxics in Packaging Prevention Act, as part of the hazardous waste control laws, prohibits a person from offering for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of all regulated metals, defined as lead, cadmium, mercury, or hexavalent chromium, present in a single-component package or in an individual packaging component exceeds 100 parts per million by weight.
This bill would exempt from that prohibition a glass package or packaging component that would not exceed that maximum regulated metal concentration level but for the addition of recycled material, provided that the sum of the incidental total concentration levels of all regulated metals present in the glass package or packaging component does not exceed 200 parts per million by weight. This exemption would be repealed on January 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25214.13 of the Health and Safety Code is amended to read:

25214.13.
 (a) Except as provided in Section 25214.14, a manufacturer or supplier shall not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.
(b) Except as provided in Section 25214.14, a person shall not offer for sale or for promotional purposes in this state a product in a package that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.
(c) (1) Except as provided in paragraph (2) and Section 25214.14, a person shall not offer for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component exceeds 100 parts per million by weight.
(2) The prohibition in paragraph (1) shall not apply to a glass package or packaging component that would not exceed the maximum regulated metal concentration level specified in paragraph (1) but for the addition of recycled material, provided that the sum of the incidental total concentration levels of all regulated metals present in the glass package or packaging component does not exceed 200 parts per million by weight.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 Section 25214.13 is added to the Health and Safety Code, to read:

25214.13.
 (a) Except as provided in Section 25214.14, a manufacturer or supplier shall not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.
(b) Except as provided in Section 25214.14, a person shall not offer for sale or for promotional purposes in this state a product in a package that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.
(c) Except as provided in Section 25214.14, a person shall not offer for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component exceeds 100 parts per million by weight.
(d) This section shall become operative on January 1, 2024.