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General Assembly Substitute Bill No. 926
January Session, 2021
AN ACT CONCERNING TH E PRESENCE OF PFAS IN CERTAIN
CONSUMER PACKAGING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-255h of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2021): 2
As used in sections 22a-255g to 22a-255m, inclusive, as amended by 3
this act: 4
(1) "Package" means any container, produced either domestically or 5
in a foreign country, used for the marketing, protecting or handling of a 6
product and includes a unit package, an intermediate package and a 7
shipping container, as defined in the American Society of Testing and 8
Materials specification D966. "Package" also means any unsealed 9
receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray, 10
wrapper or wrapping film, bag or tub. 11
(2) "Distributor" means any person who takes title or delivery from 12
the manufacturer of a package, packaging component or product, 13
produced either domestically or in a foreign country, to use for 14
promotional purposes or to sell. 15
(3) "Packaging component" means any part of a package, produced 16 Substitute Bill No. 926
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either domestically or in a foreign country, including, but not limited to, 17
any interior or exterior blocking, bracing, cushioning, weatherproofing, 18
exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, 19
stabilizer or other additive. Tin-plated steel that meets specification 20
A623 of the American Society of Testing and Materials shall be 21
considered as a single packaging component. Electro-galvanized coated 22
steel and hot dipped coated galvanized steel that meets the American 23
Society of Testing and Materials specifications A653, A924, A879 and 24
A591 shall be treated in the same manner as tin-plated steel. 25
(4) "Commissioner" means the Commissioner of Energy and 26
Environmental Protection or an authorized agent or designee of the 27
commissioner. 28
(5) "Department" means the Department of Energy and 29
Environmental Protection. 30
(6) "Intermediate package" means a wrap, box, or bundle which 31
contains two or more unit packages of identical items. 32
(7) "Unit package" means the first tie, wrap, or container applied to a 33
single item, a quantity of the same item, a set, or an item with all its 34
component parts, which constitutes a complete and identifiable package 35
containing the unit of issue of a product for ultimate use. 36
(8) "Shipping container" means a container which is sufficiently 37
strong to be used in commerce for packing, storing and shipping 38
commodities. 39
(9) "Container" means a receptacle capable of closure. 40
(10) "Intentionally introduced" means deliberately utilized regulated 41
metal, PFAS or other regulated chemical in the formulation of a package 42
or packaging component where the continued presence of such metal or 43
chemical is desired in the final package or packaging component to 44
provide a specific characteristic, appearance or quality. The use of a 45
regulated metal or regulated chemical as a processing agent or 46 Substitute Bill No. 926
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intermediate to impart certain chemical or physical changes during 47
manufacturing where the incidental retention of a residue of said metal 48
in the final package or packaging component is neither desired nor 49
deliberate shall not be considered intentional introduction for the 50
purposes of this section where such package or component is in 51
compliance with subsection (c) of section 22a-255i, as amended by this 52
act. The use of a regulated chemical as a processing agent, mold release 53
agent or intermediate is considered intentional introduction for the 54
purposes of this section where the regulated chemical is detected in the 55
final package or packaging component. The use of post-consumer 56
recycled materials as feedstock for the manufacture of new packaging 57
materials where some portion of the recycled materials may contain 58
amounts of the regulated metals or regulated chemicals shall not be 59
considered intentional introduction for the purposes of this section 60
provided the new package or packaging component is in compliance 61
with subsection (c) or (e) of section 22a-255i, as amended by this act, as 62
applicable. 63
(11) "Distribution" means the process for transferring a package or 64
packaging component for promotional purposes or resale. Persons 65
involved solely in delivering a package or packaging component on 66
behalf of third parties shall not be considered distributors. 67
(12) "Manufacturer" means any person producing a package or 68
packaging component as defined in subdivision (3) of this section. 69
(13) "Manufacturing" means the physical or chemical modification of 70
a material to produce packaging or packaging components. 71
(14) "Supplier" means any person, firm, association, partnership or 72
corporation which sells, offers for sale or offers for promotional 73
purposes packages or packaging components which will be used by any 74
other person to package a product. 75
(15) "Alternative" means a substitute process, product, material, 76
chemical, strategy or any combination thereof, that serves a functionally 77 Substitute Bill No. 926
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equivalent purpose to another chemical in a package or packaging 78
component. 79
(16) "Chemical" means a substance with a distinct molecular 80
composition or a group of structurally related substances and includes 81
the breakdown products of the substance that form through 82
decomposition, degradation or metabolism of such substance. 83
(17) "Credible scientific evidence" means the results of a study, the 84
experimental design and conduct of which have undergone 85
independent scientific peer review, that are published in a peer-86
reviewed journal or in a publication of an authoritative federal or 87
international governmental agency, including, but not limited to, the 88
United States Department of Health and Human Services' National 89
Toxicology Program, the Food and Drug Administration, the Centers 90
for Disease Control and Prevention, the United States Environmental 91
Protection Agency, the World Health Organization and the European 92
Union's European Chemicals Agency. 93
(18) "Incidental presence" means the presence of a regulated metal or 94
other regulated chemical as an unintended or undesired ingredient of a 95
package or packaging component. 96
(19) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" 97
means all members of the class of fluorinated organic chemicals 98
containing at least one fully fluorinated carbon atom. 99
(20) "Persistent, Bioaccumulative and Toxic" or "PBT" substances and 100
"very Persistent and very Bioaccumulative" or "vPvB" substances mean 101
substances meeting the criteria established in Section 1 of Annex XIII to 102
the Registration, Evaluation, Authorisation and Restriction of 103
Chemicals (REACH) Regulation of the European Union (EC) No 104
1907/2006 of the European Parliament and of the Council of 18 105
December 2006, as amended. 106
(21) "Persistent, Mobile and Toxic" or "PMT" substances and "very 107
Persistent and very Mobile" or "vPvM" substances mean substances 108 Substitute Bill No. 926
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meeting the criteria established in "REACH: Improvement of guidance 109
and methods for the identification and assessment of PMT/vPvM 110
substances: Final Report." TEXTE 126/2019. Environmental Research of 111
the Federal Ministry for the Environment, Nature Conservation and 112
Nuclear Safety. Project No. (FKZ) 3716 67 416 0, Report No. 113
FB000142/ENG. November 2019. 114
(22) "Post-consumer recycled material" means a material generated 115
by households or by commercial, industrial and institutional facilities as 116
end-users of the product which can no longer be used for its intended 117
purpose, including returns of material from the distribution chain. 118
"Post-consumer recycled material" does not include refuse-derived fuel 119
or other material that is destroyed by incineration. 120
(23) "Recycling" means the process of collecting and preparing 121
recyclable materials and reusing the materials in their original form or 122
using them in manufacturing processes that do not cause the destruction 123
of recyclable materials in a manner that precludes further use. 124
(24) "Substitute material" means a material used to replace lead, 125
cadmium, mercury, or hexavalent chromium, PFAS or other regulated 126
chemicals in a package or packaging component. 127
(25) "Toxic chemical" is a chemical listed as a packaging chemical of 128
high concern pursuant to section 22a-255m, as amended by this act. 129
Sec. 2. Section 22a-255i of the general statutes is repealed and the 130
following is substituted in lieu thereof (Effective July 1, 2021): 131
(a) As soon as feasible, but not later than October 1, 1992, no package 132
or packaging component shall be offered for sale or promotional 133
purposes in this state, by its manufacturer or distributor, if it is 134
composed of any lead, cadmium, mercury or hexavalent chromium 135
which has been intentionally introduced during manufacturing or 136
distribution, as opposed to the incidental presence of any of these 137
substances. 138 Substitute Bill No. 926
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(b) As soon as feasible, but not later than October 1, 1992, no product 139
shall be offered for sale or promotional purposes, in this state by its 140
manufacturer or distributor, in a package which is composed of any 141
lead, cadmium, mercury or hexavalent chromium which has been 142
intentionally introduced during manufacturing or distribution, as 143
opposed to the incidental presence of any of these substances. 144
(c) No package or packaging component shall be offered for sale or 145
promotional purposes in this state by its manufacturer or distributor if 146
the sum of the incidental concentration levels of lead, cadmium, 147
mercury and hexavalent chromium present in such package or 148
packaging component exceeds the following: Six hundred parts per 149
million by weight, effective October 1, 1992; two hundred fifty parts per 150
million, effective October 1, 1993; and one hundred parts per million by 151
weight, effective October 1, 1994. 152
(d) Concentration levels of lead, cadmium, mercury, and hexavalent 153
chromium shall be determined using the United States Environmental 154
Protection Agency Tests Methods for Evaluating Solid Waste, SW-846, 155
as revised. 156
(e) Not later than October 1, 2023, a manufacturer, supplier or 157
distributor may not offer for sale or for promotional purposes a package 158
or packaging component to which PFAS was introduced during 159
manufacturing or distribution in any amount or that has any detectable 160
PFAS in such package or packaging component. Nothing in this 161
subsection shall be construed to apply to any package or packaging 162
component for any medical device or medical equipment. 163
(f) No material used to replace a chemical regulated by sections 22a-164
255g to 22a-255m, inclusive, as amended by this act, in a package or 165
packaging component may be used in a quantity or manner that creates 166
a hazard as great as, or greater than, the hazard created by the chemical 167
regulated by sections 22a-255g to 22a-255m, inclusive. 168
Sec. 3. Section 22a-255k of the general statutes is repealed and the 169 Substitute Bill No. 926
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following is substituted in lieu thereof (Effective July 1, 2021): 170
[No manufacturer or distributor of a product shall be deemed to have 171
violated any provision of sections 22a-255g to 22a-255m, inclusive, if 172
such manufacturer or distributor can show that, in the purchase of a 173
package or packaging component, he relied in good faith on the written 174
assurance of the manufacturer of such packaging or packaging 175
component that such packaging or packaging component met the 176
requirements of section 22a-255i. Such written assurance shall take the 177
form of a certificate of compliance stating that a package or packaging 178
component is in compliance with the requirements of sections 22a-255g 179
to 22a-255m, inclusive, provided if compliance is achieved pursuant to 180
an exemption provided in section 22a-255j, the certificate shall state the 181
specific basis upon which the exemption is claimed. The certificate of 182
compliance shall be signed by an authorized official of the manufacturer 183
or distributor. A manufacturer or distributor of a package or packaging 184
component shall furnish a copy of the certificate of compliance to the 185
commissioner upon his request.] 186
(a) Upon request, a certificate of compliance stating that a package or 187
packaging component is in compliance with the requirements of 188
sections 22a-255g to 22a-255m, inclusive, as amended by this act, shall 189
be furnished by its manufacturer or supplier to the purchaser of the 190
packaging or packaging component. In the event that an exemption is 191
claimed pursuant to section 22a-255j, such certificate of compliance shall 192
state the specific basis upon which the exemption is claimed. Any such 193
certificate of compliance shall be signed by an authorized official of the 194
manufacturing or supplying company. The purchaser shall retain the 195
certificate of compliance for the duration of the use of such package or 196
packaging component. A copy of the certificate of compliance shall be 197
kept on file by the manufacturer or supplier of the package or packaging 198
component. No requirement of this subsection shall be construed to 199
apply to any package or packaging component for any medical device 200
or medical equipment. 201
(b) Certificates of compliance, or copies thereof, shall be furnished to 202 Substitute Bill No. 926
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the Commissioner of Energy and Environmental Protection and to 203
members of the public upon request. A manufacturer or supplier may 204
make the certificate of compliance available on such manufacturer's 205
Internet web site or through an authorized representative of such 206
manufacturer, including, but not limited to, a packaging clearinghouse. 207
Any request from a member of the public for any certificate of 208
compliance from the manufacturer or supplier of a package or 209
packaging component shall be: (1) Made in writing, with a copy 210
provided to the commissioner, (2) made specific as to the package or 211
packaging component information requested, and (3) responded to by 212
the manufacturer or supplier not later than sixty days after receipt of 213
such request. 214
(c) If the manufacturer or supplier of the package or packaging 215
component reformulates or creates a new package or packaging 216
component, the manufacturer or supplier shall provide an amended or 217
new certificate of compliance for the reformulated or new package or 218
packaging component to all current purchasers. 219
(d) If there are grounds to suspect that a package is offered for sale in 220
violation of this chapter, the commissioner may request that the 221
manufacturer or distributor of the package provide a certificate of 222
compliance with the applicable provisions of this chapter. Not later than 223
thirty days after receipt of a request under this subsection, the 224
manufacturer or distributor shall: (1) Provide the commissioner with the 225
certificate attesting that the package does not contain a chemical 226
regulated under this chapter, or (2) notify persons who sell the package 227
in this state that the sale of the package is prohibited and provide the 228
commissioner with a copy of the notice and a list of the names and 229
addresses of those persons notified pursuant to this section. 230
Sec. 4. Section 22a-255m of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective July 1, 2021): 232
(a) The commissioner may, in consultation with the other member 233
states of the Toxics in Packaging Clearing House, review the 234 Substitute Bill No. 926
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effectiveness of sections 22a-255g to 22a-255m, inclusive, and provide a 235
report based on such review to the Governor and the General Assembly. 236
[The] As indicated in subsection (c) of this section, the report may 237
describe substitutes which manufacturers and distributors of packages 238
and packaging components have used in place of lead, mercury, 239
cadmium and hexavalent chromium, and may contai n 240
recommendations concerning (1) other toxic substances contained in 241
packaging that should be added to those regulated under the provisions 242
of sections 22a-255g to 22a-255m, inclusive, in order to further reduce 243
the toxicity of packaging waste, and (2) the advisability of retaining the 244
exemption provided in subdivision (2) of section 22a-255j. 245
(b) For the purpose of gathering information for the review and 246
report described in subsection (a) of this section, the commissioner may 247
inspect and copy the records of any person (1) engaged in the 248
manufacture or distribution of packages or packaging components if 249
such records pertain to the processes by which such packages or 250
packaging components are manufactured, including the nature and 251
amounts of substances utilized, and (2) who produces or supplies 252
materials for the manufacture of packages or packaging components, if 253
such records pertain to the nature and amount of substances in such 254
materials or the identities or locations of purchasers or recipients of such 255
materials. Upon request of the commissioner, any such person shall 256
allow the commissioner to inspect and copy such records or shall 257
provide copies of such records to the commissioner. 258
(c) In accordance with the requirements of this section, the 259
commissioner may periodically revise and publish a list of packaging 260
chemicals of high concern. A chemical may be included on such list if: 261
(1) The chemical is included on the list of chemicals of concern published 262
by the Department of Energy and Environmental Protection on the basis 263
of credible scientific evidence as being (A) a carcinogen, a reproductive 264
or developmental toxicant or an endocrine disruptor, (B) persistent, 265
bioaccumulative and toxic, (C) very persistent and very 266
bioaccumulative, (D) persistent mobile and toxic, or (E) very persistent 267 Substitute Bill No. 926
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and very mobile; (2) the commissioner determines that there is strong 268
credible scientific evidence that the chemical is a reproductive or 269
developmental toxicant, endocrine disruptor or human carcinogen; or 270
(3) the commissioner determines that there is strong credible scientific 271
evidence that the chemical (A) was found through biomonitoring 272
studies to be present in human blood, human breast milk, human urine 273
or other human bodily tissues or fluids, (B) was found through sampling 274
and analysis to be present in packaging, and (C) was added to or is 275
present in a package. 276
(d) The commissioner may periodically review the list published 277
pursuant to subsection (c) of this section and shall remove from the list 278
any packaging chemical of high concern that no longer meets the criteria 279
contained in subsection (c) of this section. The commissioner may add 280
to the list additional packaging chemicals of high concern that meet the 281
criteria of subsection (c) of this section provided such list may not at any 282
one time include more than ten packaging chemicals of high concern. 283
(e) A packaging chemical of high concern listed pursuant to 284
subsection (c) of this section shall be considered a toxic chemical. To 285
fulfill this chapter's goal of reducing the toxicity of packaging waste, the 286
commissioner may recommend to the joint standing committee of the 287
General Assembly having cognizance of matters relating to the 288
environment that such toxic chemical be added to the prohibited 289
chemicals regulated pursuant to sections 22a-255g to 22a-255m, 290
inclusive, not later than two years after the date of such 291
recommendation. 292
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 22a-255h
Sec. 2 July 1, 2021 22a-255i
Sec. 3 July 1, 2021 22a-255k
Sec. 4 July 1, 2021 22a-255m
Substitute Bill No. 926
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ENV Joint Favorable Subst.