§ 22a-255h — Definitions.

Connecticut § 22a-255h

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446d: Solid Waste Management

Text

As used in sections 22a-255g to 22a-255m, inclusive: (1) “Package” means any container, produced either domestically or in a foreign country, used for the marketing, protecting or handling of a product and includes a unit package, an intermediate package and a shipping container, as defined in the American Society of Testing and Materials specification D966. “Package” also means any unsealed receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapper or wrapping film, bag or tub. (2) “Distributor” means any person who takes title or delivery from the manufacturer of a package, packaging component or product, produced either domestically or in a foreign country, to use for promotional purposes or to sell. (3) “Packaging component” means any part of a package, produced either domestically or in a foreign country, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, stabilizer or other additive. Tin-plated steel that meets specification A623 of the American Society of Testing and Materials shall be considered as a single packaging component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the American Society of Testing and Materials specifications A653, A924, A879 and A591 shall be treated in the same manner as tin-plated steel. (4) “Commissioner” means the Commissioner of Energy and Environmental Protection or an authorized agent or designee of the commissioner. (5) “Department” means the Department of Energy and Environmental Protection. (6) “Intermediate package” means a wrap, box, or bundle which contains two or more unit packages of identical items. (7) “Unit package” means the first tie, wrap, or container applied to a single item, a quantity of the same item, a set, or an item with all its component parts, which constitutes a complete and identifiable package containing the unit of issue of a product for ultimate use. (8) “Shipping container” means a container which is sufficiently strong to be used in commerce for packing, storing and shipping commodities. (9) “Container” means a receptacle capable of closure. (10) “Intentionally introduced” means deliberately utilized regulated metal or PFAS in the formulation of a package or packaging component where the continued presence of such metal or PFAS is desired in the final package or packaging component to provide a specific characteristic, appearance or quality. The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing where the incidental retention of a residue of said metal in the final package or packaging component is neither desired nor deliberate shall not be considered intentional introduction for the purposes of this section where such package or component is in compliance with subsection (c) of section 22a-255i . The use of post-consumer recycled materials as feedstock for the manufacture of new packaging materials where some portion of the recycled materials may contain amounts of the regulated metals or PFAS shall not be considered intentional introduction for the purposes of this section provided the new package or packaging component is in compliance with subsection (c) or (e) of section 22a-255i , as applicable. (11) “Distribution” means the process for transferring a package or packaging component for promotional purposes or resale. Persons involved solely in delivering a package or packaging component on behalf of third parties shall not be considered distributors. (12) “Manufacturer” means any person producing a package or packaging component as defined in subdivision (3) of this section. (13) “Manufacturing” means the physical or chemical modification of a material to produce packaging or packaging components. (14) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component. (15) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (16) “Post-consumer recycled material” means a material generated by households or by commercial, industrial and institutional facilities as end-users of the product which can no longer be used for its intended purpose, including returns of material from the distribution chain. “Post-consumer recycled material” does not include refuse-derived fuel or other material that is destroyed by incineration. (17) “Food packaging” means any package or packaging component that is applied to or in direct contact with any food or beverage.

Legislative History

(P.A. 90-215, S. 2; P.A. 95-57, S. 1; P.A. 06-76, S. 17, 18; P.A. 11-80, S. 1; P.A. 21-191, S. 2.) History: P.A. 95-57 redefined “packaging component” to add provisions re tin-plated and electrolytic galvanized steel and added new Subdivs. (10) to (14), inclusive, defining “intentionally introduced”, “distribution”, “manufacturer”, “manufacturing” and “supplier”; P.A. 06-76 redefined “package”, “distributor”, “packaging component”, “commissioner”, “manufacturer” and “supplier” in Subdivs. (1) to (4), (12) and (14), respectively; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-191 redefined “intentionally introduced” in Subdiv. (10), replaced definition of “supplier” with definition of “incidental presence” in Subdiv. (14), and added definitions of “perfluoroalkyl and polyfluoroalkyl substances” as Subdiv. (15), “post-consumer recycled material” as Subdiv. (16) and “food packaging” as Subdiv. (17).