Section 6024.302 - ExemptionsAll packages and packaging components shall be subject to this act except the following:
(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to the effective date of this act or any alcoholic beverage bottled before the effective date of this act.(2) Those 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, provided that the manufacturer of a package or packaging component must petition the department for any exemption under this paragraph for a particular package or packaging component based upon either criterion. The department may grant a two-year exemption if warranted by the circumstances. This 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 packing components that would not exceed the maximum contaminant levels set forth in section 301(d) but for the addition of postconsumer materials. This paragraph shall expire five years after the effective date of this act.(4) For two years from the effective date of this act, any glass or ceramic package that is recyclable, refillable or reuseable that, as a unit, meets all current United States Food and Drug Administration guidelines or regulations applicable to a food contact area relating to limits on potentially harmful substances contained in the glazing, pigment, glass or ceramic material used to make the package.1994, Dec. 7, P.L. 797, No. 112, § 302, effective in 60 days.