Fact Sheet, February 2008 Senate Bill (SB) 774 and Changes to the…

Fact Sheet, February 2008



Senate Bill (SB) 774 and Changes to the
Toxics in Packaging Prevention Act
Introduction
Packaging for consumer goods makes up a significant portion of waste going to the
nation's municipal solid waste landfills. Packaging that contains toxic substances
can release toxins (poisonous substances) and contaminate the soil and groundwater
surrounding the landfill. To address this problem, the California Legislature passed
the Toxics in Packaging Prevention Act. The Department of Toxic Substances
Control (DTSC) prepared this fact sheet to help you understand and comply with
recent amendments to the Toxics in Packaging Prevention Act. SB 774 (2007)
makes some specific changes to existing law, and these changes became effective
January 1, 2008. This fact sheet will introduce you to the changes that occurred in
this law. You should consult the actual statutes to be sure you are in compliance.


What are the changes in the law?
SB 774 made two changes to the Toxics in Packaging Prevention Act. These are:
·   Beginning on January 1, 2006, the Toxics in Packaging Prevention Act made it
    unlawful to produce, sell, or promote packaging or packaging components that
    contain cadmium, lead, mercury, or hexavalent chromium if these metals were
    intentionally introduced during manufacture or distribution. In addition, this law
    limits the incidental presence of these regulated metals to not more than 100
    parts per million (ppm) by weight. The law also sets out various exemptions
    from these requirements. On January 1, 2008, SB 774 amended the Toxics in
    Packaging Prevention Act to prohibit a glass bottle with paint or applied ceramic
    decoration from qualifying for any of these exemptions if the paint or decoration
    contains lead or lead compounds in excess of 0.06% (600 parts per million
    [ppm]) by weight pursuant to Health and Safety Code (Health & Saf. Code),
    section 25214.15(k).
·   The Toxics in Packaging Prevention Act requires that on or after January 1,
    2006, each manufacturer or supplier must furnish a Certificate of Compliance to
    the purchaser of a package or packing component stating that the package or
    packaging component is in compliance with the requirements of the act (Health
    & Saf. Code, section 25214.16 (a)). On January 1, 2008, SB 774 modified this
    requirement to require that a Certificate of Compliance be furnished to the
    purchaser, even when the purchaser is also a supplier.
                                                            obtained at our website,
                                                            http://www.dtsc.ca.gov/ToxicsInPackaging/.
    How does this affect me?                                These are just examples, and need to be modified
    If you manufacture or supply glass bottles (that        for your company's information.
    meet the definition of "package" pursuant to            Do all of the exemptions expire?
    Health & Saf. Code, section 25214.12 (g))
    with paint or applied ceramic decoration, you           No. The Toxics in Packaging Prevention Act sets
    have specific responsibilities to ensure that the       out both permanent and temporary exemptions.
    glass bottles you produce or provide comply             The temporary exemptions all expire on January
    with the law. If a regulated metal is intentionally     1, 2010. For more specific information, see
    added during manufacture or distribution of your        Health & Safety Code Section 25214.14.
    glass bottles, or if the glass bottles contain levels
                                                            What does it mean if the purchaser is
    of regulated metals above 100 ppm by weight,
                                                            also a supplier?
    you should consult the Toxics in Packaging
                                                            It is possible that you can be both a purchaser
    Prevention Act for further information. In
                                                            and a supplier, which means you must comply
    addition, in order to claim an exemption under
                                                            with all the requirements of being a purchaser as
    the Toxics in Packaging Prevention Act, if you
                                                            well as all the requirements of being a supplier.
    manufacture or supply glass bottles, you must
    make sure that the level of lead or lead
                                                            I have multiple locations for my
    compounds in your paint or applied ceramic
                                                            company. Can I keep my Certificates of
    decoration does not exceed 0.06% (600 ppm).
                                                            Compliance at a central location, or must
    As a manufacturer or supplier of glass bottles          I keep them at each company location?
    with paint or applied ceramic decoration, you are
                                                            You may keep the Certificates of Compliance at
    also required to provide a Certificate of
                                                            a central location, as long as you can provide
    Compliance to your purchasers stating that your
                                                            them within a reasonable time if they are
    bottles conform to the Toxics in Packaging
                                                            requested by DTSC.
    Prevention Act. If your Certificate of
    Compliance is based on an exemption stated in           Where can I find more information on
    the law, you must furnish a copy of the                 Toxics in Packaging?
    Certificate of Compliance to DTSC, along with
    the required documentation listed in Health &           DTSC has a website just for information on
    Saf. Code, section 25214.14(h). You must keep           Toxics in Packaging. The URL is
    Certificates of Compliance as long as you are           http://www.dtsc.ca.gov/ToxicsInPackaging. Our
    selling or promoting your glass bottles.                site includes other fact sheets, specific
                                                            information for Manufacturers, Suppliers, and
    If you are a purchaser of glass bottles with paint      Purchasers, and links to other sites including the
    or applied ceramic decoration, you must make            Toxics in Packaging Prevention Act. We also
    sure to obtain a Certificate of Compliance from         maintain an email list (ListServ) that you may
    your supplier, and keep this Certificate of             sign up for, so that anyone may receive updates
    Compliance on file. DTSC may request copies of          from DTSC regarding Toxics in Packaging.
    your Certificates of Compliance.
                                                            Please read our more encompassing fact sheet,
    What if the bottles are manufactured                    "Preventing Toxic Substances In Packaging
    outside of California or the United                     For Consumer Goods" at:
    States?                                                 http://www.dtsc.ca.gov/HazardousWaste/Mercur
    This law applies to manufacturers, suppliers, and       y/upload/HWMP_FS_Toxics-Packaging.pdf.
    purchasers of bottles when the product is sold in       You can also reach us by telephone,
    California regardless of the source of the bottles.     (916) 324-8192, or by sending email to
    Examples of Certificates of Compliance may be           tipinfo@dtsc.ca.gov.
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