06-096 C.M.R. Chapter 80: Reduction of Toxics in Packaging 
 
Maine Department of Environmental Protection: Posting Draft 
 
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 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 
 
Chapter 80: Reduction Of Toxics In Packaging 
 
Summary: This rule establishes the procedure and criteria by which manufacturers will comply 
with the toxics reduction in packaging requirements. 
 
 
SECTION 1. PURPOSE 
 
 The purpose of this chapter is to implementThis Chapter implements the provisions of 
Title 32, chapter 26-A, M.R.S. §§ 1731-1739, of the Maine Revised Statutes,  which seek to 
reduce toxicity of packaging waste by prohibiting the unnecessary addition of heavy metals, such 
as lead, mercury, cadmium and hexavalent chromium,certain substances in packaging, and 
packaging components. 
 
 
SECTION 2  
1. Applicability  
 
 This chapterChapter applies to manufacturers, suppliers and distributors of packaging and 
packaging materialscomponents offered for sale or for promotional purposes in the State 
of Maine. 
 
 
SECTION 3 2. Definitions 
 
 
 
 . For terms not defined in this Chapter, the definitions found in 32 M.R.S. §§ 1732  
apply. The following terms, as used in this chapter, shallChapter, have the following 
meanings: 
 
 A. "Agency" means the Department of Environmental Protection. 
 
 B. “Department” means the Maine Department of Agriculture, Food and Rural 
Resources. 
 
           C.       "Distributor” means any person, firm or corporation that sells a packaged product 
to a. retailer in this State or any person, firm or corporation that receives a 
shipment or consignment of, or in any other manner acquires, packaged products 
outside the State for sale to consumers in the State.  
 
06-096 C.M.R. Chapter 80: Reduction of Toxics in Packaging 
 
Maine Department of Environmental Protection: Posting Draft 
 
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 D. "Manufacturer" means any pawn who manufactures a package or packaging 
component. 
 
 E. “Package” means a container used in marketing, protecting or handling a product 
and includes a unit package and a shipping container defined by the American 
Society for Testing and Materials in its annual book of standards as ASTM, D996.  
“Package” also includes such unsealed receptacles as carrying cases, crates, cups, 
pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs. 
 
 F. “Packaging component" means any individual part of an assembled package such 
as, but not limited to, any interior or exterior strapping, coatings, closures, inks 
and labels. 
 
 G. “Person” means any individual, partnership, corporation or other legal entity. 
   
 
A. Perfluoroalkyl and polyfluoroalkyl substances, PFAS. “Perfluoroalkyl and 
polyfluoroalkyl substances” or “PFAS” means any member of the class of fluorinated 
organic chemicals containing at least one fully fluorinated carbon atom.  
 
B. Phthalates. “Phthalates” means any member of the class of organic chemicals that are 
esters of phthalic acid and that contain two carbon chains located in the ortho 
position.  
 
 
 
 H. “Offer for promotional purposes” means any transfer of title or possession, or 
both, of packaging or products in packaging without consideration. 
 
 I. "Offer for sale” means any transfer of title or possession, or both, exchange, 
barter, lease, rental, conditional or otherwise, of packaging or products in 
packaging for a consideration, in any manner or by any means whatsoever. 
 
 J. “Supplier” means any person, firm or corporation that sells packages or packaging 
components to a distributor. 
 
 K. “Tin-Plated Steel" means a material that meets the American Society for Testing 
and Materials (ASTM) specification A-623 and shall be considered as a single 
package component.  
 
06-096 C.M.R. Chapter 80: Reduction of Toxics in Packaging 
 
Maine Department of Environmental Protection: Posting Draft 
 
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SECTION 4. PROHIBITION; SCHEDULE FOR REMOVAL OF INCIDENTAL AMOUNTS 
 
 A. 3. Prohibition of Sale of Packages Containing Heavy Metals   
 
 A. Prohibition of sale of packaging.   A manufacturer, supplier or distributor may not 
offer for sale or for promotional purposes a package or packaging component that 
includes inks, dyes, pigments, adhesives, stabilizers, or any other additives to which 
any lead, cadmium, mercury, or hexavalent chromium has been intentionally 
introduced during manufacturing or distribution.  This prohibition does not apply to 
the incidental presence of any of these elements.  Incidental means that these 
elements were not intentionally added and are below the concentration levels listed in 
Section 4.C below. 
 
 B. Prohibition of sale of product in packaging.   A manufacturer or distributor may not 
offer for sale or for promotional purposes any product in a package that includes, in 
the package itself or any packaging components, inks, dyes, pigments, adhesives, 
stabilizers or any other additives to which any lead, cadmium, mercury or hexavalent 
chromium has been intentionally introduced during manufacturing or distribution.  
This prohibition does not apply to the incidental presence of any of these elements. 
Incidental presence may not exceed the concentration levels listed in Section 3(C) 
below. 
 
 C. Concentration levels.   The sum of the concentration levels of lead, cadmium, 
mercury, and hexavalent chromium that are incidentally present in any package or 
packaging component including the inks or adhesives affixed to such packaging or 
packaging component, may not exceed: 100 parts per million by weight or 0.01%. 
 
  (1) Effective April 1, 1992, 600 parts per million by weight, or 0.06%; 
 
  (2) Effective April 1, 1993, 250 parts per million by weight, or 0.025%; and 
 
  (3) Effective April 1, 1994, 100 parts per million by weight, or 0. 0 1 
 
 D. Substitute materials .  No material used to replace lead, cadmium, mercury, or 
hexavalent chromium in a package or packaging component may be used in a 
quantity or manner that creates a hazard as great or greater than the hazard created by 
the lead, cadmium, mercury, or hexavalent chromium.  The certificate of compliance 
will require an assurance to this effect. 
 
  
 
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 SECTION 5. CERTIFICATE OF COMPLIANCE 
 
 After September 30, 1993, 
4.  Prohibition of Sale of Food Packages Containing Phthalates  
 
A. Sales Prohibition.  A manufacturer, supplier, or distributor may not offer for sale or for 
promotional purposes in the State a food package that includes inks, dyes, pigments, 
adhesives, stabilizers, coatings, plasticizers, or any other additives to which phthalates 
have been intentionally introduced in any amount greater than an incidental presence, 
except as provided in subparagraphsection B of this section.  
 
B. This prohibition does not apply to a manufacturer of a food or beverage product that is 
contained in a food package or to which a food package is applied if that manufacturer has 
less than $1,000,000,000 of total annual national sales of food and beverage products.  
 
5. Prohibition of Sale of Food Packages Containing PFAS  
 
 
A. Sales Prohibition . A manufacturer, supplier, or distributor may not offer for sale or for 
promotional purposes in the State food packaging intended for direct food contact 
comprised, in substantial part, of paper, paperboard, or other materials originally derived 
from plant fibers which are intended for short-term storage or to hold freshly prepared 
food, to which PFAS have been intentionally introduced in any amount greater than an 
incidental presence (except as provided in paragraph B of this section) and are one of the 
following:  
 1) bags and sleeves: bags and sleeves are containers made from flexible material 
that can be folded flat and are typically used to transport food from a foodservice 
establishment.  Sleeves include sealed-end bags referred to as pinch-bottom bags. 
  
   2) bowls: an open-topped container with a wide rim opening and a bottom that 
allows spooning of food. These containers are typically designed to hold foods for 
serving that have a substantial liquid component; this includes portion cups.  
  3) closed containers:  a container that encloses food on all sides, with interlocking 
pieces or overlapping walls which hold the container closed for transport.  Examples 
include clamshells, food pails, bakery boxes, and deli containers. 
 4) flat serviceware:  shallow, flat-bottomed containers with large surface areas 
used for serving and transporting food which have one large surface or multiple  
 
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 compartments to separate food items during food service.  Examples include, but are not 
limited to, trays, cafeteria-style trays, and plates.  
 
 5) food boats: a type of tray with tall sides and no compartments.   
  6) open-top containers: containers that enclose food on all but one side and are 
designed to hold food for serving or transportation.  Examples include, but are not limited 
to, paper cones, cups, bowls, and food boats. 
7) pizza boxes: a folded box used for serving, holding, or transporting various 
sizes of pizza or calzones.  
 
8) plates: flat serviceware, whether single or with multiple compartments, used 
for serving or holding food items during food service.  
 
  9) wraps and liners:  sheets used to wrap food for food service or create a lining 
inside other serviceware to act as an additional barrier. 
 
B. This prohibition does not apply to a manufacturer of a food or beverage product that is 
contained in a food package or to which a food package is applied if that manufacturer 
has less than $1,000,000,000 of total annual national sales of food and beverage products. 
 
6. Certificate of Compliance  
 
A.  A certificate of compliance conforming to the form attached as Exhibit I and stating that 
a package prepared to fulfill the requirements of title pursuant to 32 M.R.S. § 1735 must 
identify the packaging or packaging components is in compliancecovered, the standard 
being complied with standards established in Section 4 or the exemption being claimed, 
and shall be furnished by its manufacturer to the agency.  A certificate of compliance 
may cover more than one type of package or packaging component as long as each type 
is identified separately. include a certification that the information contained in the 
statement is accurate and complete to the best knowledge of the organization’s 
responsible official or his/her designee. The certificate of compliancecertification shall be 
signed by an authorized official of the manufacturing company.include the effective date, 
full name, title, signature, date of signature, email address and telephone number of the 
responsible official or designee signing the certificate.  If requested, test results shall be 
made available to the agencyDepartment to verify information provided in a certificate of 
compliance.  
 
  
 
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Maine Department of Environmental Protection: Posting Draft 
 
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 7. Exemptions  A. New or reformulated packaging.  If the manufacturer reformulates 
or creates a new package or packaging component, the manufacturer shall provide the 
agency with an amended or new certificate of compliance for the reformulated or new 
package or packaging component.  
 
 
 B. Presentation of certificates.  Each manufacturer shall furnish the agency with an 
original certificate of compliance and each manufacturer or supplier shall furnish, 
at the agency's request, copies of a certificate of compliance for distribution to the 
public. 
 
 
SECTION 6. EXEMPTIONS 
 
 A. A manufacturer is entitled to an exemption where: 
 
 A.  Packges or packaging components are exempt where: 
 
(1) The package or packaging component has a code indicating a date of 
manufacture prior to April 1, 1992, or the manufacturer can provide written 
documentation that the package or packaging component was 
manufactured prior to April 1, 1992; or 
 
(2) The package or packaging component contains an alcoholic beverage 
bottled prior to April 1, 1992. 
 
 B.  A manufacturer may petition the agencyDepartment for an exemption for a particular 
package or packaging component where: 
 
  (1) The package or packaging component contains lead, cadmium, mercury, 
or hexavalent chromium added in the manufacturing, forming, printing or 
distribution process in order to comply with health or safety requirements 
of state or federal law; or 
 
  (2) There is no feasible alternative to the use of lead, cadmium, mercury or 
hexavalent chromium in the package or packaging component.  For the 
purposes of this section, “no feasible alternative" means a use in which the 
regulated substance is essential to the protection, safe handling, or 
function of the package's contents; or. 
  
 
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   (3) The addition of post-consumer materials causes the package or packaging 
component to exceed the maximum concentration levels set forth in 
Section 4; or 
 
   (NOTE.- For a package where all components contain recycled content, 
the entire package is exempt.  However, in the case where one component contains 
recycled content and the other components do not, only the component containing 
recycled content would be exempt and not the entire package.) 
 
  (4) The package or packaging component has been exempted by another 
Northeastern state with similar legislation. 
 
 C. All manufacturers claiming an exemption shall file a certificate of compliance 
with the agencyDepartment conforming to the form attached as Exhibit 2 and 
stating the specific basis upon which the exemption is requested. (See section 
6(A) above.)  
 
 D. Exemptions under paragraphs 7(A)(l) and 7(A)(2) are permanent.  Exemptions 
under paragraphs 7(B)(1) and 7(B)(2) may be granted for periods of two years.  In 
order toTo receive an exemption for additional two -year periods, the 
manufacturer would have to file an exemption request.  Exemptions under 
paragraph B(3) expire April 1, 1996.  Exemptions granted under paragraph B(4) 
will continue in effect only as long as the applicant can show that it holds an 
exemption under similar legislation from another Northeastern state. 
 
 E. Exemptions are deemed to be approved for maximum times under Section 6.(D.,), 
unless the manufacturer is notified otherwise within 60 days of the 
agency'sDepartment's receipt of the certificate of compliance. 
 
 
SECTION 7. ENFORCEMENT AND PENALTIES 
 
 A. Enforcement.  The Department of Agriculture, Food and Rural Resources shall 
enforce the provisions of this chapter and may inspect, with the consent of the 
owner or agent, any property or building to accomplish the objectives of this 
chapter. 
 
 B. Violation.  Any manufacturer or supplier that violates this chapter commits a civil 
violation for which a forfeiture of not more than $100 may be adjudged.  Each 
package or packaging component in violation constitutes the basis of a separate 
offense. 
  
 
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  C. Hearings on violations.  The Department shall provide an opportunity for in a 
manner consistent with the Maine Administrative Procedures Act, Title 5, chapter 
375. 
 
 
FISCAL IMPACT ON POLITICAL SUBDIVISIONS: Compliance with this. rule will have no 
fiscal impact on municipalities or counties of this State. 
 
 
AUTHORITY TO ADOPT RULE: 32 M.R.S.A., section 1737 § 1733; 38 M.R.S. § 341-D(1-C); 
38 M.R.S. § 341-H  
 
ADOPTED: September 2, 1992 - 
 (as Ch. 130 under 07-310,  Maine Waste Management Agency) 
 
EFFECTIVE DATE: September 11, 1992 
 
EFFECTIVE DATE (ELECTRONIC CONVERSION):  May 22, 1996- 
 (moved to 07-105, State Planning Office, following the provisions of PL 1995 c. 465 
§A-9). 
 
MOVED: June 23, 1998 - 
 to 06-096 Ch. 80 as the result of a March 5, 1998 memo from Assistant Attorney General 
Lucinda E. White, noting PL 1995 c.656 §A-12. 
 
NON-SUBSTANTIVE CORRECTION: October 28, 1998 - 
 corrected umbrella/unit number on first page. 
   
 
06-096 C.M.R. Chapter 80: Reduction of Toxics in Packaging 
 
Maine Department of Environmental Protection: Posting Draft 
 
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