2006 Code of Virginia § 10.1-1425.23 - Exemptions

10.1-1425.23. Exemptions.

The following packaging and packaging components shall be exempt from therequirements of this Act:

1. Packaging or packaging components with a code indicating a date ofmanufacture prior to July 1, 1995;

2. Packages or packaging components to which lead, cadmium, mercury orhexavalent chromium has been added in the manufacturing, forming, printing ordistribution process in order to comply with health or safety requirements offederal law, provided that (i) the manufacturer of a package or packagingcomponent must petition the Board for any exemption for a particular packageor packaging component; (ii) the Board may grant an exemption for up to twoyears if warranted by the circumstances; and (iii) such an exemption may,upon reapplication for exemption and meeting the criterion of thissubdivision, be renewed at two-year intervals;

3. Packages and packaging components to which lead, cadmium, mercury orhexavalent chromium has been added in the manufacturing, forming, printing ordistribution process for which there is no feasible alternative, providedthat (i) the manufacturer of a package or packaging component must petitionthe Board for any exemption for a particular package or packaging component;(ii) the Board may grant an exemption for up to two years if warranted by thecircumstances; and (iii) such an exemption may, upon reapplication forexemption and meeting the criterion of this subdivision, be renewed attwo-year intervals. For purposes of this subdivision, a use for which thereis no feasible alternative is one in which the regulated substance isessential to the protection, safe handling, or function of the package'scontents;

4. Packages and packaging components that would not exceed the maximumcontaminant levels established but for the addition of recovered or recycledmaterials; and

5. Packages and packaging components used to contain alcoholic beverages, asdefined in 4.1-100, bottled prior to July 1, 1992.

(1994, c. 944; 1995, c. 115.)