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

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Date Published: 02/07/2019 09:00 PM
SB232:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 232


Introduced by Senator Dodd
(Coauthors: Senators Bates and Galgiani)

February 07, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


SB 232, as introduced, 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 package or packaging component that would not exceed that maximum regulated metal concentration level but for the addition of recycled materials, provided that the sum of the incidental total concentration levels of all regulated metals present in the package or packaging component does not exceed 200 parts per million by weight.
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, on and after January 1, 2006, a manufacturer or supplier may 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, on and after January 1, 2006, a person may 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, on and after January 1, 2006, a person may 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 if the package or packaging component would not exceed the maximum regulated metal concentration level specified in paragraph (1) but for the addition of recycled materials, provided that the sum of the incidental total concentration levels of all regulated metals present in the package or packaging component does not exceed 200 parts per million by weight.