§ 12-8-163 — Exempt packaging

The following packaging and packaging components are exempt from the requirements of this article: (1) Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1994; (2) Packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative if the manufacturer of a package or packaging component petitions the board for an exemption from the provisions of this article for a particular package or packaging component. The board may grant a two-year exemption, if warranted by the circumstances, and an exemption may, upon meeting either criterion of this paragraph, be renewed for two years. For purposes of this paragraph, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the package's contents; (3) Packages and packaging components that would not exceed the maximum contaminant levels established but for the addition of postconsumer materials; or (4) All alcohol products bottled prior to January 1, 1994.