2024 -- S 2850

========

LC005790

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO HEALTH AND SAFETY -- TOXIC PACKAGING REDUCTION ACT

     

     Introduced By: Senators Valverde, Murray, LaMountain, Kallman, Britto, Gu, DiMario,
and Miller

     Date Introduced: March 22, 2024

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Sections 23-18.13-2, 23-18.13-3 and 23-18.13-4 of the General Laws in

2

Chapter 23-18.13 entitled "Toxic Packaging Reduction Act" are hereby amended to read as follows:

3

     23-18.13-2. Findings.

4

     The general assembly has found and declares that:

5

     (1) The management of solid waste can pose a wide range of hazards to public health and

6

safety and to the environment;

7

     (2) Packaging comprises a significant percentage of the overall solid waste stream;

8

     (3) The presence of heavy metals and both perfluoroalkyl and polyfluoroalkyl substances

9

(PFAS) in packaging is a part of the total concern in light of their likely presence in emissions or

10

ash when packaging is incinerated, or in leachate when packaging is landfilled;

11

     (4) Lead, mercury, cadmium, hexavalent chromium, and PFAS, polyvinyl chloride and

12

polystyrene on the basis of available scientific and medical evidence, are of particular concern;

13

     (5) Polyvinyl chloride (PVC) and polystyrene are difficult to recycle, with tons of PVC and

14

polystyrene being buried in the landfill each year. The manufacture of PVC and polystyrene

15

includes carcinogenic compounds and toxic additives that negatively impact the environment and

16

public health.

17

     (5)(6) It is desirable as a first step in reducing the toxicity of packaging waste to eliminate

18

the addition of these chemicals and materials heavy metals and PFAS to packaging; and

19

     (6)(7) The intent of this chapter is to achieve this reduction in toxicity without impeding or

 

1

discouraging the expanded use of post-consumer materials in the production of packaging and its

2

components.

3

     23-18.13-3. Definitions.

4

     (1) “Department” means the department of environmental management.

5

     (2) “Distribution” means the practice of taking title to a package(s) or packaging

6

component(s) for promotional purposes or resale. Persons involved solely in delivering a

7

package(s) or packaging component(s) on behalf of third parties are not considered distributors.

8

     (3) “Distributor” means any person, firm, or corporation who or that takes title to goods

9

purchased for resale.

10

     (4) “Food packaging” means any package or packaging component that is applied to or in

11

direct contact with any food or beverage.

12

     (5) “Incidental presence” means the presence of a regulated metal as an unintended or

13

undesired ingredient of a package or packaging component.

14

     (6)(i) “Intentional introduction of PFAS” means deliberately utilizing PFAS in the

15

formulation of a package or packaging component where its continued presence is desired in the

16

final package or packaging component to provide a specific characteristic, appearance, or quality.

17

     (ii) The use of a regulated chemical as a processing agent, mold release agent, or

18

intermediate is considered intentional introduction for the purposes of this chapter where the

19

regulated chemical is detected in the final package or packaging component. (The provisions of

20

this subsection shall take effect on July 1, 2027.)

21

     (iii) [Expires July 1, 2027.] The use of post-consumer recycled materials as feedstock for

22

the manufacture of new packaging materials, where some portion of the post-consumer package or

23

packaging component may contain amounts of the regulated chemicals but is neither desired nor

24

deliberate, is not considered intentional introduction for the purposes of this chapter where said

25

final package or packaging component is in compliance with § 23-18.13-4(d). (The provisions of

26

subsection (6)(iii) of this section shall sunset on July 1, 2027).

27

     (7)(i) “Intentional introduction of regulated materials” means the act of deliberately

28

utilizing a regulated metal in the formation of a package or packaging component where its

29

continued presence is desired in the final package or packaging component to provide a specific

30

characteristic, appearance, or quality.

31

     (ii) The use of a regulated metal as a processing agent or intermediate to impart certain

32

chemical or physical changes during manufacturing, whereupon the incidental retention of a residue

33

of a regulated metal in the final package or packaging component is neither desired nor deliberate,

34

is not considered intentional introduction for the purposes of this chapter where the final package

 

LC005790 - Page 2 of 5

1

or packaging component is in compliance with § 23-18.13-4(c).

2

     (iii) The use of post-consumer recycled materials as feedstock for the manufacture of new

3

packaging materials where some portion of the recycled materials may contain amounts of the

4

regulated metals is not considered intentional introduction for the purposes of this chapter where

5

the new package or packaging component is in compliance with § 23-18.13-4(c).

6

     (8) “Manufacturer” means any person, firm, association, partnership, or corporation who

7

sells, offers for sale, or offers for promotional purposes packages or packaging components which

8

shall be used by any other person, firm, association, partnership, or corporation to package a

9

product(s).

10

     (9) “Manufacturing” means physical or chemical modification of a material(s) to produce

11

packaging or packaging components.

12

     (10) “Package” means a container providing a means of marketing, protecting or handling

13

a product and shall include a unit package, an intermediate package and a shipping container as

14

defined in ASTM D996. “Package” also means and includes such unsealed receptacles as carrying

15

cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

16

     (11) “Packaging component” means any individual assembled part of a package including,

17

but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior

18

strapping, coatings, closures, inks and labels. Tin-plated steel that meets the American Society for

19

Testing and Materials (ASTM) specification A-623 is considered a single package component.

20

Electro-galvanized coated steel and hot-dipped coated galvanized steel that meets the ASTM

21

specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.

22

     (12) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means all members of the

23

class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

24

     (13) “Post-consumer recycled material” means a material generated by households or by

25

commercial, industrial, and institutional facilities in their role as end-users of the product that can

26

no longer be used for its intended purpose, including returns of material from the distribution chain.

27

Refuse-derived fuel or other material that is destroyed by incineration is not a recycled material.

28

     (14) "Reusable packaging" means packaging designed and manufactured to maintain its

29

shape and structure and to be materially durable for repeated sanitizing and use.

30

     (14)(15) “Substitute material” means a material used to replace lead, cadmium, mercury,

31

hexavalent chromium, PFAS, or other regulated chemical in a package or packaging component.

32

     23-18.13-4. Prohibition — Schedule for removal of incidental amounts.

33

     (a) No package or packaging component shall be offered for sale or for promotional

34

purposes by its manufacturer or distributor in the state, which includes, in the package itself or in

 

LC005790 - Page 3 of 5

1

any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any

2

lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an

3

element during manufacturing or distribution as opposed to the incidental presence of any of these

4

elements.

5

     (b) No product shall be offered for sale or for promotional purposes by its manufacturer or

6

distributor in the state in a package which includes, in the package itself or in any of its packaging

7

components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium,

8

mercury, or hexavalent chromium that has been intentionally introduced as an element during

9

manufacturing or distribution as opposed to the incidental presence of any of these elements.

10

     (c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent

11

chromium present in any package or packaging component shall not exceed 100 parts per million

12

by weight (0.01%).

13

     (d) Effective July 31, 2024 January 1, 2025, no food package to which PFAS have been

14

intentionally introduced during manufacturing or distribution in any amount shall be offered for

15

sale or for promotional purposes by its manufacturer or distributor in the state.

16

     (e) Effective January 1, 2026, no person, including, but not limited to, a manufacturer,

17

shall sell or distribute into commerce any packaging, packaging component or reusable packaging

18

that contains polyvinyl chloride (PVC) or polystyrene. For purposes of this section, polyvinyl

19

chloride shall include polyvinylidene chloride and polystyrene shall include expanded polystyrene.

20

     (e)(f) No substitute material used to replace a chemical regulated by this chapter in a

21

package or packaging component may be used in a quantity or manner that creates a hazard as great

22

as or greater than the hazard created by the chemical regulated by this act. The certificate of

23

compliance required by § 23-18.13-6 shall require an assurance to this effect.

24

     (f)(g) Interstate clearinghouse. The department is authorized to participate in the

25

establishment and implementation of a regional or national, multi-state clearinghouse to assist in

26

carrying out the requirements of this chapter and to help coordinate reviews of the regulatory

27

applicability, certificates of compliance, education and outreach activities, and any other related

28

functions. The clearinghouse may also maintain reports on the effectiveness of the program,

29

certificates of analysis and compliance for product packaging.

30

     SECTION 2. This act shall take effect upon passage.

========

LC005790

========

 

LC005790 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- TOXIC PACKAGING REDUCTION ACT

***

1

     This act updates the existing Toxic Packaging Act by delaying the ban on PFAS in

2

processing agents, until July 1, 2027, and also expands the law by banning PVC and polystyrene

3

in packaging. The act also grants DEM additional time to write rules and regulations that ban PFAS

4

in food packaging.

5

     This act would take effect upon passage.

========

LC005790

========

 

LC005790 - Page 5 of 5