The second exemption applies to reusable packaging whose distribution and reuse is controlled. To be eligible for this exemption, the manufacturer or distributor must demonstrate that the environmental benefits of using this packaging are significantly greater than using packaging that meets the standard. The manufacturer or distributor must also submit a detailed plan ensuring that the packaging is handled properly. The law also provides a temporary exemption for packaging to which heavy metals have been added because there is no feasible alternative. The bill requires that technical constraints bar the substitution of any other material.
Current law requires that there be no substitute.
It specifies that the exemption does not apply to the introduction of heavy metals for marketing purposes. By law, the use of the heavy metals must be essential for the protection, safe handling, or function of the package's contents. The exemption lasts for two years and can be extended for another two years. The bill bars manufacturers and distributors from offering packages for sale or promotional purposes if the heavy metals were intentionally introduced into them in the manufacturing or distribution process. This ban already applies to packaging components.