Comparative Analysis

The following Comparative Analysis presents an informational summary of major provisions of the Model Legislation and a direct comparison with state laws. This summary addresses the legislation of the nine states that are members of the Toxics in Packaging Clearinghouse, including California, Connecticut, Iowa, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, and Washington. The remaining ten states with the law are not included in the tables below (Florida, Georgia, Illinois, Maine, Maryland, Missouri, Pennsylvania, Vermont, Virginia, and Wisconsin).

The first row of each of the following tables contains provisions of the Model Legislation, with each of the 9 enacted laws of the TPCH members states listed in subsequent rows.  Provisions of a law that are identical to the model are noted as “same.”  Significant changes from the model are also noted.

This analysis does not include every distinction and should not be considered as a definitive interpretation of each state statute.  For complete information, state statutes should be reviewed.

 

Table 1

Legislation	Materials Affected & Date of Adoption	Compliance Date	“Package”
Model Toxics in Packaging Legislation (1998 revision)	No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor which includes in the package itself or packaging component, inks, dyes, pigments, adhesives, stabilizers, or any additives, any lead, mercury, cadmium or hexavalent chromium which has been intentionally introduced during manufacturing or distribution.  12/14/89	N/A	Containers that market, protect or handle a product. Unit, intermediate & shipping containers as defined in ASTM D 996, tinplated steel as defined in ASTM A 623. Unsealed receptacles, e.g. carrying cases, crates, cups, pails, rigid foil & other trays, wrappers & wrapping films, bags, and tubs.
California	Same as model. 9/10/2004	1/1/2006	Same as model
Connecticut, CGS Section 22a-255g to 22a-255m	Same as model.  6/6/90	10/1/92	Same as model, except does not: 1) reference ASTM D996; 2) include any glass, ceramic or metal receptacle intended to be reusable or refillable; and 3) include “produced either domestically or in a foreign country”.
Iowa, Chapter 213 – Section 455D.19	Same as model.  5/8/90	7/1/92	Same as model.
Minnesota, Chapter 337, Section 115.965	Same as model.  5/20/91	8/1/93	Same as model.
New Hampshire, RSA 149-M:32 – 40	Same as model.  4/19/90	4/19/92	Same as model, but does not reference tin-plated steel.
New Jersey, SA 13:1E-99.44 et seq.	Same as model.  1/20/92	1/1/93	Same as model, but does not reference tin-plated steel.
New York, Article 37-0201	Same as model, but does not mention intentionally introduced.  6/26/90	1/1/92	Same as model, but does not reference ASTM D 996 or tinplated steel as defined in ASTM A 623.
Rhode Island, GL 23-18.13	Same as model.  7/6/90	7/6/92	Same as model.
Washington, Chapter 70.95G	Packages and packaging components shall not exceed specified concentration levels. No specific reference to “offered for sale or for promotional purposes by its manufacturer or distributor”.  5/21/91	7/1/93	Same as model, but does not reference ASTM D 996 or tinplated steel as defined in ASTM A 623.

 

Table 2

	Packaging Component	Distributor	Manufacturer	Intentional Introduction
Model	Individual assembled parts of a package, including, but not limited to, interior/exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks & labels. Tinplated steel that meets the ASTM specification A-623 shall be considered as a single package component.  Electro-galvanized coated steel and hot-dipped coated galvanized steel that meets ASTM specifications shall be treated in the same manner as tinplated steel.	Person, firm or corporation who takes title to goods purchased for resale.	Any person, firm, association, partnership or corporation producing (a) package(s) or (b) packaging component(s) as defined in the Model Legislation.	Deliberately utilizing a regulated metal in the formation of a package or packaging component where its continued presence is desired in the final package/packaging component to provide a specific characteristic, appearance or quality.
CA	Same as model, but specifically includes dyes, pigments, adhesives, stabilizers and additives.	Defines “distribution” as practice of taking title to a package or a packaging component for promotional purposes or resale.	Same as model.	Same as model.
CT	Same as model, but specifically includes dyes, pigments, adhesives, stabilizers or other additives.	Any person who takes title or delivery from the manufacturer of a package, packaging component or product to use for promotional purposes or to sell.	Same as model.	Same as model.
IA	Same as model, but does not mention the tinplated steel precedent.	Same as model.	Any person who produces one or more packages or packaging components.	Same as model.
MN	Undefined.	Undefined.	Any person who imports packaging or causes packaging to be imported into the state.	Undefined.
NH	Same as model.	Same as model.	Same as model, but does not reference model legislation.	Same as model.
NJ	Same as model, but specifically includes dyes, pigments, adhesives, stabilizers or other additives. Also, a coating shall not include a thin tin layer applied to base steel or sheet steel.	Any person who distributespackaged products intended for retail sale in packages or packaging components.	Any person who manufactures packages or packaging components.1	Undefined.
NY	Same as model, but does not mention the tinplated steel precedent.	Any person, firm, association, partnership or corporation who, or which, imports or causes to be imported any container, whether filled or unfilled, used to package products.	Any person, firm, association, partnership or corporation who or which makes containers to be used to package products.	Undefined.
RI	Same as model.	Same as model.	Any person, firm, association, partnership or corporation who sells, offers for sale, or offers for promotional purposes packages or packaging components which shall be used by any other person, firm, association, partnership, or corporation to package (a) product(s).	Same as model.
WA	Same as model, but does not provide specific references to tin plated or galvanized steel.	Undefined.	A person, firm, or corporation that applies a package to a product for distribution or sale.	Undefined.

 

Table 3

	Prohibition	Maximum Concentration Levels by Weight (For Incidental Presence)	Exemption 5a	Exemption 5b
Model	No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor, which includes, in the package itself or in any packaging component inks, dyes, pigments, adhesives, stabilizers or any other additives, any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced during the manufacturing or distribution as opposed to the incidental presence of any of these elements.No product shall be offered for sale or for promotional purposes by its manufacturer or distributor in a package which includes, in the package itself or in any packaging components the elements listed above which has been intentionally introduced as opposed to the incidental presence of any of these elements.	100 ppm	Package or packaging component manufactured prior to effective date.	Package and packaging components to which a (the) regulated metal(s) have been added in order to comply with health and safety requirements by Federal law (must be essential to the protection, safe handling or function of package contents), provided that the manufacturer petitions the state.
CA	Same as model, except it prohibits “a person” from offering a product for sale or for promotional purposes.	Specifies 100 ppm concentration level on or after 1/1/2006.	Same as model, but provides specific documentation requirements in separate subsection.	Same as model, but provides specific documentation requirements in separate subsection.
CT	Same as model, and requires use of EPA SW-846 to determine concentration levels of metals.	100 ppm	Same as model.	Same as model.
IA	Same as model, but does not apply to certain glass and ceramic packages or packaging components.	100 ppm	Manufactured prior to 7/1/90. Also exempts packaging or packaging components used by the alcoholic beverage or wine industry prior to 7/1/92.	Same as model.
MN	Same as model, but does not specifically mention packaging component.	100 ppm	None.	Same as model.
NH	Same as model.	100 ppm	Same as model.	Same as model.
NJ	Same as model.	100 ppm	Same as model.	Same as model.
NY	Same as model, but does not distinguish between intentionally introduced or incidental amounts.	100 ppm	Same as model, also packaging or packaging components which have been delivered to a manufacturer or distributor prior to 1/1/92.	Same as model, but parenthetical statement no included.
RI	Same as model.	100 ppm	Same as model.	Same as model.
WA	The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed specified limits.  Applies only to metals intentionally introduced as an element during manufacturing or distribution.	100 ppm Concentration limits apply to intentionally introduction only.	Manufactured prior to May 21, 1991. Also packages or packaging components that were purchased by, delivered to, or possessed by a retailer on or before twenty-four months following May 21, 1991.	Same as model.

 

Table 4

	Exemption 5c	Exemption 5d	Exemption 5e	Exemption 5f	Exemption 5g
Model	Packages and packaging components that would not exceed the maximum contaminant levels but for the addition of recycled materials, provided that none of the four regulated metals in the packaging or packaging components has been recovered and/or separated from other materials for use as a metal or metallic compound and provided that the packages or packaging components do not exceed a maximum concentration limit of 200 ppm for the sum of the four regulated metals. Note: 12-08 revisions to model removed expiration date for exemption and added maximum 200 ppm concentration limit.	Packages/ packaging components to which heavy metals have been added during the manufacturing, forming, printing, distribution process for which there is no feasible alternative	Packages/ packaging components that are reused but exceed contaminant levels, provided that the packaged product and/or the package/ packaging components and its transportation, and disposal are regulated under Federal/State health and safety requirements, and provided that the manufacturer or distributor of the packages and packaging components notifies the [State Administrative Agency] of the applicability of an exemption. Expires January 1, 2020.	Packages/ packaging components that exceed contaminant levels and have a controlled distribution and reuse. Expires on January 1, 2020. (See model for more details.)	Packages and packaging components that are glass or ceramic and have a vitrified label. When tested, does not exceed 1 ppm Cd, 5 ppm Cr+6, or 5 ppm Pb.  Mercury not exempted.   (See model for details.)
CA	Does not include 200 ppm limit; provides specific documentation requirements in separate subsection. Exemption expired 1/1/2010.	Same as model, but provides specific documentation requirements in separate subsection.	Same as model, but specifically states “no intentional introduction”.  Provides specific documentation requirements in separate subsection. Exemption expires 1/1/2010.	Same as model, but specifically states “no intentional introduction”. Provides specific documentation requirements in separate subsection. Exemption expires 1/1/2010.	Same as model, but specifies use of CA Waste Extraction Test and limits exemption to paint or applied ceramic of less than 0.06 % by weight of lead. Exemption expires on 1/1/2010.
CT	Does not include 200 ppm limit; does not include “separated out” clause; expiration date January 1, 2010.	Same as model.	Same as model, but with expiration date of January 1, 2010.	Same as model, but with expiration date of January 1, 2010.	Same as Model, except “mercury not exempted” clause not included.
IA	Does not include 200 ppm concentration limit.  Exemption only available upon request, and for 2 years, then need to reapply.	Same as model.	Same as model, but renewable in two-year intervals.	Same as model, also must ensure that reusable entities are used, transported, and disposed of in a manner consistent with state criteria.	None.
MN	Does not include 200 ppm concentration limit.	Same as model.	Same as model.	Same as model.	Same as model. Expires 1/1/05.
NH	Includes 200 ppm concentration limit and does not expire.	Same as model.	Same as model.	Same as model.	Same as model.
NJ	Does not include 200 ppm concentration limit. Expired on 1/1/97.	Same as model, but expires on 1/1/95. Also, exemption can be renewed for periods of up to two years.	None.	None.	Same as model; expired January 2000. Also exemption for glass containers with ceramic labeling used to contain pharmaceutical preparations or cosmetics. Expired 1/1/95.
NY	Does not include 200 ppm concentration limit. Expires on 1/1/96.	Same as model.	None.	None.	Glass containers intended for reuse or refilling that use pigments in or on the container that exceed maximum levels of contamination prior to 1/1/94.
RI	None.	Same as model.	None.	None.	None.
WA	Packages and packaging components that would not exceed the maximum contaminant levels but for the addition of post consumer materials. Does not include 200 ppm concentration limit.   Expired May 21, 1997.	Same as model.	None.	None.	None.

 

Table 5

	Certificate of Compliance	Enforcement / Penalties	State Review	Public Access
Model	Manufacturers and suppliers of packaging and packaging components are required to furnish a Certificate of Compliance to the purchaser of packaging. Upon request, the state and public must be provided a copy of the Certificate.	Each state to add its own enforcement provisions.	State administration agencies in consultation with the TPCH shall review act’s effectiveness no later than forty-two (42) months after adoption and provide a report to the governors and legislature. The report may contain recommendations to add other toxic substances contained in packaging in order to further reduce the toxicity of packaging waste, and contain a recommendation whether to continue the recycling exemption. States will gather information on nature of substitutes used in lieu of toxics materials.	Certificate of Compliance must be made available upon written request within 60 days.
CA	Same as model, but also requires manufacturer or supplier to furnish a Certificate of Compliance to the state when providing a Certificate of Compliance to a purchaser that claims an exemption.	Civil penalty maximum of $25,000 per violation with each day’s continuance constituting a separate violation; Criminal imprisonment for up to 3 years.	None.	Same as model, but allows state to withhold confidential business information as identified by manufacturer or supplier. Does not specify 60 days.
CT	Same as model, also serves to limit purchaser’s liability.	Civil penalty maximum of $10,000 per violation with each day’s continuance constituting a separate violation; if act is knowingly violated, maximum fine of $50,000 or imprisonment for up to 1 year and makes provisions for injunctive relief.	Department may review the effectiveness of the law and provide a report base on its review to the Governor. No time frame included.	Same as model, but no provision for public request.
IA	Same as model.	Civil penalty not to exceed $10,000 for each day of the violation. (Effective 3/19/08)	None.	Same as model, except does not mention 60-day response time.
MN	Same as model.	Civil fine maximum of $5,000 per day of violation.	None.	Same as model.
NH	Same as model.	Administrative enforcement action; injunctive relief; if act is knowingly violated, misdemeanor if a “natural person” or felony if any other person, with each day’s continuance constituting a separate violation; in addition to imprisonment, probation, or conditional discharge, maximum fine of $25,000 for a “natural person” for each violation; maximum administrative fine of $2,000.	Original statute had a 36-month review requirement.  No further reviews required.	Same as model.
NJ	Same as model.	Civil administrative penalty maximum of $7,500 for first offense, $10,000 for second offense, and maximum of $25,000 for every subsequent offense with each day of continuance constituting a separate violation. (See NJ law for specifics.)	Required a review no later than 42 months after the effective date of the legislation. No further reviews required.	Same as model.
NY	Same as model, except does not require that Certificate be furnished to public, nor does it mention amended Cerficate if packaging is reformulated.	First violation, civil penalty maximum of $10,000; further violations, maximum of $25,000 each.	Same as model, but the report will be furnished as part of the annual solid waste management plan.	Same as model, but the report will be furnished as part of the annual solid waste management plan.
RI	Same as model.	Restraining order, injunctive relief.	None.	Same as model.
WA	Manufacturers are required to develop a Certificate of Compliance stating that a package or packaging component is in compliance with the requirements of this chapter.  Certificates of compliance must be furnished to the Department of Ecology upon request within sixty days.	The WA Department of Ecology may prohibit the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time.	By July 1, 1993, the solid waste advisory committee created under chapter 70.95 RCW shall report to the appropriate standing committees of the legislature on the need to further reduce toxic metals from packaging. The report shall contain recommendations to add other toxic substances, including but not limited to mutagens, carcinogens, and teratogens, in order to further reduce the toxicity of packaging waste, and shall contain a recommendation regarding imposition of penalty for violation of section 108 of this act.	Certificate of Compliance must be requested in writing through the Department of Ecology. The Department must respond within 90 days.