[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 966 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 966

         To reduce metals in packaging, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 13 (legislative day, April 19), 1993

 Mr. Lautenberg (for himself and Mr. Chafee) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
         To reduce metals in packaging, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reduction of Metals in Packaging 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the management of solid waste can pose a wide range of 
        hazards to public health and safety and to the environment;
            (2) packaging comprises a significant percentage of the 
        overall solid waste stream;
            (3) the presence of heavy metals in packaging is a concern 
        in light of the likely presence of heavy metals in emissions or 
        ash when packaging is incinerated, or in leachate when 
        packaging is landfilled;
            (4) lead, mercury, cadmium, and hexavalent chromium, on the 
        basis of available scientific and medical evidence, are of 
        particular concern;
            (5) it is desirable as a first step in reducing the 
        toxicity of packaging waste to eliminate the addition of these 
        heavy metals to packaging; and
            (6) the intent of this Act is to achieve this reduction in 
        toxicity without impeding or discouraging the expanded use of 
        postconsumer materials in the production of packaging and 
        components of packaging.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Distributor.--The term ``distributor'' means any person 
        who purchases goods from a manufacturer for sale or promotional 
        use.
            (3) Incidental presence.--The term ``incidental presence'' 
        means the presence of lead, cadmium, mercury, or hexavalent 
        chromium in a package or packaging component if the substance 
        was not intentionally introduced into the package or packaging 
        component for its own properties or characteristics.
            (4) Intentional introduction.--
                    (A) In general.--The term ``intentional 
                introduction'' means the purposeful introduction of 
                lead, cadmium, mercury, or hexavalent chromium into a 
                package or packaging component with an intent that one 
                or more of the substances be present in the package or 
                packaging component.
                    (B) Exclusion.--The term does not include--
                            (i) the background levels of the substances 
                        that naturally occur in raw materials or are 
                        present as postconsumer additions, and that are 
                        not purposefully added to perform as part of a 
                        package or packaging component; and
                            (ii) any trace quantities of a processing 
                        aid or similar material used to produce a 
                        product from which a package or packaging 
                        component is manufactured, if the processing 
                        aid or similar material is reasonably expected 
                        to be consumed or transformed into a 
                        nonregulated material during the process.
            (5) Manufacturer.--The term ``manufacturer'' means any 
        person in the chain of production who makes a package or 
        packaging component for sale or promotional purposes, including 
        an importer of packages or packaging components.
            (6) Package or packaging.--The term ``package'' or 
        ``packaging'' means a container that provides a means of 
        marketing, protecting, or handling a product. The term includes 
        a unit package, an intermediate, and a chipping container as 
        defined in standard D-996 issued by the American Society of 
        Testing and Materials, and unsealed receptacles such as 
        carrying cases, crates, cups, pails, rigid foil, and other 
        trays, wrappers and wrapping films, bags, and tubs.
            (7) Packaging component.--The term ``packaging component'' 
        means any individual assembled part of packaging, including any 
        interior or exterior blocking, bracing, cushioning, 
        weatherproofing, exterior strapping, coating, closure, ink, 
        label, adhesive, and stabilizer, except that the term does not 
        include steel strapping. For the purposes of this section, tin-
        plated steel that meets the specification under standard A-623 
        issued by the American Society of Testing and Materials shall 
        be deemed an individual packaging component.

SEC. 4. PROHIBITION ON ADDITION OF CERTAIN HEAVY METALS IN PACKAGING.

    (a) In General.--Except as provided in section 5, effective 2 years 
after the date of enactment of this Act, the intentional introduction 
of lead, cadmium, mercury, or hexavalent chromium to packaging or any 
component thereof during manufacturing or distribution by any person is 
prohibited.
    (b) Concentration Levels.--The sum of the concentration levels of 
lead, cadmium, mercury, and hexavalent chromium present in packaging or 
any component thereof may not exceed--
            (1) 600 parts per million by weight (0.06 percent) on or 
        after the date that is 2 years after the date of enactment of 
        this Act and before the date specified in paragraph (2);
            (2) 250 parts per million by weight (0.025 percent) on or 
        after the date that is 3 years after the date of enactment of 
        this Act and before the date specified in paragraph (3); and
            (3) 100 parts per million by weight (0.01 percent) on or 
        after the date that is 4 years after the date of enactment of 
        this Act.

SEC. 5. EXEMPTIONS.

    (a) In General.--The requirements of section 4 shall not apply to 
packaging and any component thereof--
            (1) with a code indicating a date of manufacture of the 
        packaging or component, or date of bottling or manufacturing of 
        distilled spirits and wines, that is prior to the effective 
        date of this Act; or
            (2) if alternative evidence of a date of manufacture or 
        bottling prior to the effective date of this Act is provided to 
        the satisfaction of the Administrator.
    (b) Safety Considerations.--
            (1) In general.--The requirements of section 4 shall not 
        apply to packaging and any component thereof to which lead, 
        cadmium, mercury, or hexavalent chromium has been added in the 
        manufacturing, forming, printing, or distribution process--
                    (A) in order to comply with health or safety 
                requirements of Federal law; or
                    (B) because the addition of one or more of the 
                substances is essential for the protection, safe 
                handling, or functioning of the contents of the 
                packaging,
        if the Administrator grants an exemption from the requirements 
        of this Act to the manufacturer of the package or packaging 
        component on the basis of either criterion.
            (2) Period.--If the Administrator determines that 
        circumstances warrant an exemption from the requirements of 
        this Act, the Administrator may grant an exemption for a period 
        of 2 years.
            (3) Renewal.--An exemption under paragraph (2) may, on 
        meeting either criterion under paragraph (1), be renewed every 
        2 years.
    (c) Use of Recycled Materials.--During the 6-year period beginning 
on the date of enactment of this Act, the requirements of section 4 
shall not apply to packaging and any component thereof that would not 
exceed the concentration levels in section (b) but for the addition of 
recycled materials.

SEC. 6. CERTIFICATE OF COMPLIANCE.

    (a) In General.--
            (1) Requirement.--Not later than 2 years after the date of 
        enactment of this Act, the manufacturer or supplier of 
        packaging or any component thereof shall furnish to each 
        purchaser a certificate of compliance stating that the 
        packaging or packaging component is in compliance with the 
        requirements of this Act.
            (2) Exemptions.--If the manufacturer or supplier claims an 
        exemption under section 5, the manufacturer or supplier shall 
        state the specific basis on which the exemption is claimed on 
        the certificate of compliance.
            (3) Signature.--The certificate of compliance shall be 
        signed by an authorized official of the manufacturing or 
        supplying company.
            (4) Retention of certificate by purchaser.--The purchaser 
        shall retain the certificate of compliance for as long as the 
        packaging is in use.
            (5) Retention of copy by manufacturer or supplier.--A copy 
        of the certificate of compliance shall be kept on file by the 
        manufacturer or supplier of the packaging or packaging 
        component.
            (6) Copies to administrator and public.--A copy of the 
        certificate of compliance shall be furnished to the 
        Administrator on request, and to members of the public in 
        accordance with section 7.
    (b) Amended or New Certificate.--If the manufacturer or supplier of 
packaging or packaging components reformulates or creates a new package 
or packaging component, the manufacturer or supplier shall provide an 
amended or new certificate of compliance for the reformulated or new 
package or packaging component.

SEC. 7. PUBLIC ACCESS.

    (a) Request.--A request from a member of the public for a copy of a 
certificate of compliance from the manufacturer or supplier of 
packaging or components thereof shall be--
            (1) in writing, with a copy provided to the Administrator; 
        and
            (2) specific as to the package or packaging component 
        information requested.
    (b) Response to Request.--A manufacturer shall respond to a request 
that meets the requirements of subsection (a) not later than 60 days 
after receipt of the request.

SEC. 8. FEDERAL ENFORCEMENT.

    Whenever on the basis of any information the Administrator 
determines that any person has violated or is in violation of this Act, 
the Administrator may issue an order assessing a civil penalty in an 
amount not to exceed $25,000.

SEC. 9. NONPRE-EMPTION.

    Nothing in this Act shall be construed so as to prohibit a State 
from establishing and enforcing a standard or requirement with respect 
to toxic metals in packaging that is more stringent than a standard or 
requirement relating to toxic metals in packaging established or 
promulgated under this Act.

SEC. 10. REGULATIONS.

    Not later than 18 months after the date of enactment of this Act, 
the Administrator shall promulgate regulations to carry out this Act.

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