Connecticut 2021 Regular Session

Connecticut Senate Bill SB00926 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 926
	5	+	General Assembly Raised Bill No. 926
8	6		January Session, 2021
	7	+	LCO No. 3303
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	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
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14	19		AN ACT CONCERNING TH E PRESENCE OF PFAS IN CERTAIN
15	20		CONSUMER PACKAGING.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Section 22a-255h of the general statutes is repealed and the 1
20	25		following is substituted in lieu thereof (Effective July 1, 2021): 2
21	26		As used in sections 22a-255g to 22a-255m, inclusive, as amended by 3
22	27		this act: 4
23	28		(1) "Package" means any container, produced either domestically or 5
24	29		in a foreign country, used for the marketing, protecting or handling of a 6
25	30		product and includes a unit package, an intermediate package and a 7
26	31		shipping container, as defined in the American Society of Testing and 8
27	32		Materials specification D966. "Package" also means any unsealed 9
28	33		receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray, 10
29	34		wrapper or wrapping film, bag or tub. 11
30	35		(2) "Distributor" means any person who takes title or delivery from 12
31	36		the manufacturer of a package, packaging component or product, 13
32		-	produced either domestically or in a foreign country, to use for 14
33		-	promotional purposes or to sell. 15
34		-	(3) "Packaging component" means any part of a package, produced 16 Substitute Bill No. 926
	37	+	produced either domestically or in a foreign country, to use for 14 Raised Bill No. 926
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	43	+	promotional purposes or to sell. 15
	44	+	(3) "Packaging component" means any part of a package, produced 16
41	45		either domestically or in a foreign country, including, but not limited to, 17
42	46		any interior or exterior blocking, bracing, cushioning, weatherproofing, 18
43	47		exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, 19
44	48		stabilizer or other additive. Tin-plated steel that meets specification 20
45	49		A623 of the American Society of Testing and Materials shall be 21
46	50		considered as a single packaging component. Electro-galvanized coated 22
47	51		steel and hot dipped coated galvanized steel that meets the American 23
48	52		Society of Testing and Materials specifications A653, A924, A879 and 24
49	53		A591 shall be treated in the same manner as tin-plated steel. 25
50	54		(4) "Commissioner" means the Commissioner of Energy and 26
51	55		Environmental Protection or an authorized agent or designee of the 27
52	56		commissioner. 28
53	57		(5) "Department" means the Department of Energy and 29
54	58		Environmental Protection. 30
55	59		(6) "Intermediate package" means a wrap, box, or bundle which 31
56	60		contains two or more unit packages of identical items. 32
57	61		(7) "Unit package" means the first tie, wrap, or container applied to a 33
58	62		single item, a quantity of the same item, a set, or an item with all its 34
59	63		component parts, which constitutes a complete and identifiable package 35
60	64		containing the unit of issue of a product for ultimate use. 36
61	65		(8) "Shipping container" means a container which is sufficiently 37
62	66		strong to be used in commerce for packing, storing and shipping 38
63	67		commodities. 39
64	68		(9) "Container" means a receptacle capable of closure. 40
65	69		(10) "Intentionally introduced" means deliberately utilized regulated 41
66	70		metal, PFAS or other regulated chemical in the formulation of a package 42
67	71		or packaging component where the continued presence of such metal or 43
68		-	chemical is desired in the final package or packaging component to 44
69		-	provide a specific characteristic, appearance or quality. The use of a 45
70		-	regulated metal or regulated chemical as a processing agent or 46 Substitute Bill No. 926
	72	+	chemical is desired in the final package or packaging component to 44 Raised Bill No. 926
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	77	+
	78	+	provide a specific characteristic, appearance or quality. The use of a 45
	79	+	regulated metal or regulated chemical as a processing agent or 46
77	80		intermediate to impart certain chemical or physical changes during 47
78	81		manufacturing where the incidental retention of a residue of said metal 48
79	82		in the final package or packaging component is neither desired nor 49
80	83		deliberate shall not be considered intentional introduction for the 50
81	84		purposes of this section where such package or component is in 51
82	85		compliance with subsection (c) of section 22a-255i, as amended by this 52
83	86		act. The use of a regulated chemical as a processing agent, mold release 53
84	87		agent or intermediate is considered intentional introduction for the 54
85	88		purposes of this section where the regulated chemical is detected in the 55
86	89		final package or packaging component. The use of post-consumer 56
87	90		recycled materials as feedstock for the manufacture of new packaging 57
88	91		materials where some portion of the recycled materials may contain 58
89	92		amounts of the regulated metals or regulated chemicals shall not be 59
90	93		considered intentional introduction for the purposes of this section 60
91	94		provided the new package or packaging component is in compliance 61
92	95		with subsection (c) or (e) of section 22a-255i, as amended by this act, as 62
93	96		applicable. 63
94	97		(11) "Distribution" means the process for transferring a package or 64
95	98		packaging component for promotional purposes or resale. Persons 65
96	99		involved solely in delivering a package or packaging component on 66
97	100		behalf of third parties shall not be considered distributors. 67
98	101		(12) "Manufacturer" means any person producing a package or 68
99	102		packaging component as defined in subdivision (3) of this section. 69
100	103		(13) "Manufacturing" means the physical or chemical modification of 70
101	104		a material to produce packaging or packaging components. 71
102	105		(14) "Supplier" means any person, firm, association, partnership or 72
103	106		corporation which sells, offers for sale or offers for promotional 73
104	107		purposes packages or packaging components which will be used by any 74
105	108		other person to package a product. 75
106		-	(15) "Alternative" means a substitute process, product, material, 76
107		-	chemical, strategy or any combination thereof, that serves a functionally 77 Substitute Bill No. 926
	109	+	(15) "Alternative" means a substitute process, product, material, 76 Raised Bill No. 926
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	115	+	chemical, strategy or any combination thereof, that serves a functionally 77
114	116		equivalent purpose to another chemical in a package or packaging 78
115	117		component. 79
116	118		(16) "Chemical" means a substance with a distinct molecular 80
117	119		composition or a group of structurally related substances and includes 81
118	120		the breakdown products of the substance that form through 82
119	121		decomposition, degradation or metabolism of such substance. 83
120	122		(17) "Credible scientific evidence" means the results of a study, the 84
121	123		experimental design and conduct of which ha ve undergone 85
122	124		independent scientific peer review, that are published in a peer-86
123	125		reviewed journal or in a publication of an authoritative federal or 87
124	126		international governmental agency, including, but not limited to, the 88
125	127		United States Department of Health and Human Services' National 89
126	128		Toxicology Program, the Food and Drug Administration, the Centers 90
127	129		for Disease Control and Prevention, the United States Environmental 91
128	130		Protection Agency, the World Health Organization and the European 92
129	131		Union's European Chemicals Agency. 93
130	132		(18) "Incidental presence" means the presence of a regulated metal or 94
131	133		other regulated chemical as an unintended or undesired ingredient of a 95
132	134		package or packaging component. 96
133		-	(19) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" 97
134		-	~~means~~ all members of the class of fluorinated organic chemicals 98
135		-	~~containing at~~ least one fully fluorinated carbon atom. 99
	135	+	(19)"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means 97
	136	+	all members of the class of fluorinated organic chemicals containing at 98
	137	+	least one fully fluorinated carbon atom. 99
136	138		(20)"Persistent, Bioaccumulative and Toxic" or "PBT" substances and 100
137	139		"very Persistent and very Bioaccumulative" or "vPvB" substances mean 101
138	140		substances meeting the criteria established in Section 1 of Annex XIII to 102
139	141		the Registration, Evaluation, Authorisation and Restriction of 103
140	142		Chemicals (REACH) Regulation of the European Union (EC) No 104
141	143		1907/2006 of the European Parliament and of the Council of 18 105
142	144		December 2006, as amended. 106
143		-	(21) "Persistent, Mobile and Toxic" or "PMT" substances and "very 107
144		-	Persistent and very Mobile" or "vPvM" substances mean substances 108 Substitute Bill No. 926
	145	+	(21) "Persistent, Mobile and Toxic" or "PMT" substances and "very 107 Raised Bill No. 926
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	151	+	Persistent and very Mobile" or "vPvM" substances mean substances 108
151	152		meeting the criteria established in "REACH: Improvement of guidance 109
152	153		and methods for the identification and assessment of PMT/vPvM 110
153	154		substances: Final Report." TEXTE 126/2019. Environmental Research of 111
154	155		the Federal Ministry for the Environment, Nature Conservation and 112
155	156		Nuclear Safety. Project No. (FKZ) 3716 67 416 0, Report No. 113
156	157		FB000142/ENG. November 2019. 114
157	158		(22) "Post-consumer recycled material" means a material generated 115
158	159		by households or by commercial, industrial and institutional facilities as 116
159	160		end-users of the product which can no longer be used for its intended 117
160	161		purpose, including returns of material from the distribution chain. 118
161	162		"Post-consumer recycled material" does not include refuse-derived fuel 119
162	163		or other material that is destroyed by incineration. 120
163	164		(23) "Recycling" means the process of collecting and preparing 121
164	165		recyclable materials and reusing the materials in their original form or 122
165	166		using them in manufacturing processes that do not cause the destruction 123
166	167		of recyclable materials in a manner that precludes further use. 124
167	168		(24) "Substitute material" means a material used to replace lead, 125
168	169		cadmium, mercury, or hexavalent chromium, PFAS or other regulated 126
169	170		chemicals in a package or packaging component. 127
170	171		(25) "Toxic chemical" is a chemical listed as a packaging chemical of 128
171	172		high concern pursuant to section 22a-255m, as amended by this act. 129
172	173		Sec. 2. Section 22a-255i of the general statutes is repealed and the 130
173	174		following is substituted in lieu thereof (Effective July 1, 2021): 131
174	175		(a) As soon as feasible, but not later than October 1, 1992, no package 132
175	176		or packaging component shall be offered for sale or promotional 133
176	177		purposes in this state, by its manufacturer or distributor, if it is 134
177	178		composed of any lead, cadmium, mercury or hexavalent chromium 135
178	179		which has been intentionally introduced during manufacturing or 136
179	180		distribution, as opposed to the incidental presence of any of these 137
180		-	substances. 138 ~~Substitute~~ Bill No. 926
	181	+	substances. 138 Raised Bill No. 926
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187	187		(b) As soon as feasible, but not later than October 1, 1992, no product 139
188	188		shall be offered for sale or promotional purposes, in this state by its 140
189	189		manufacturer or distributor, in a package which is composed of any 141
190	190		lead, cadmium, mercury or hexavalent chromium which has been 142
191	191		intentionally introduced during manufacturing or distribution, as 143
192	192		opposed to the incidental presence of any of these substances. 144
193	193		(c) No package or packaging component shall be offered for sale or 145
194	194		promotional purposes in this state by its manufacturer or distributor if 146
195	195		the sum of the incidental concentration levels of lead, cadmium, 147
196	196		mercury and hexavalent chromium present in such package or 148
197	197		packaging component exceeds the following: Six hundred parts per 149
198	198		million by weight, effective October 1, 1992; two hundred fifty parts per 150
199	199		million, effective October 1, 1993; and one hundred parts per million by 151
200	200		weight, effective October 1, 1994. 152
201	201		(d) Concentration levels of lead, cadmium, mercury, and hexavalent 153
202	202		chromium shall be determined using the United States Environmental 154
203	203		Protection Agency Tests Methods for Evaluating Solid Waste, SW-846, 155
204	204		as revised. 156
205	205		(e) Not later than October 1, 2023, a manufacturer, supplier or 157
206	206		distributor may not offer for sale or for promotional purposes a package 158
207	207		or packaging component to which PFAS was introduced during 159
208	208		manufacturing or distribution in any amount or that has any detectable 160
209		-	PFAS in such package or packaging component. ~~Nothing in this~~ 161
210		-	~~subsection shall be construed~~ to ~~apply to any package or packaging~~ 162
211		-	~~component for any medical device~~ or ~~medical equipment.~~ 163
212		-	~~(f) No material~~ used ~~to replace~~ a ~~chemical regulated by sections 22a-~~164
213		-	~~255g to 22a-255m, inclusive,~~ as ~~amended~~ by ~~this act, in a package or~~ 165
214		-	~~packaging component may be used in a quantity or manner that creates~~ 166
215		-	~~a hazard as great as, or greater than,~~ the ~~hazard created by~~ the ~~chemical~~ 167
216		-	~~regulated by sections 22a-255g~~ ~~to 22a-255m~~, ~~inclusive.~~ 168
217		-	~~Sec. 3.~~ ~~Section 22a-255k~~ of ~~the general statutes is repealed and the~~ 169 ~~Substitute~~ Bill No. 926
	209	+	PFAS in such package or packaging component. 161
	210	+	(f) No material used to replace a chemical regulated by sections 22a-162
	211	+	255g to 22a-255m, inclusive, as amended by this act, in a package or 163
	212	+	packaging component may be used in a quantity or manner that creates 164
	213	+	a hazard as great as, or greater than, the hazard created by the chemical 165
	214	+	regulated by sections 22a-255g to 22a-255m, inclusive. 166
	215	+	Sec. 3. Section 22a-255k of the general statutes is repealed and the 167
	216	+	following is substituted in lieu thereof (Effective July 1, 2021): 168
	217	+	[No manufacturer or distributor of a product shall be deemed to have 169 Raised Bill No. 926
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224		-	following is substituted in lieu thereof (Effective July 1, 2021): 170
225		-	[No manufacturer or distributor of a product shall be deemed to have 171
226		-	violated any provision of sections 22a-255g to 22a-255m, inclusive, if 172
227		-	such manufacturer or distributor can show that, in the purchase of a 173
228		-	package or packaging component, he relied in good faith on the written 174
229		-	assurance of the manufacturer of such packaging or packaging 175
230		-	component that such packaging or packaging component met the 176
231		-	requirements of section 22a-255i. Such written assurance shall take the 177
232		-	form of a certificate of compliance stating that a package or packaging 178
233		-	component is in compliance with the requirements of sections 22a-255g 179
234		-	to 22a-255m, inclusive, provided if compliance is achieved pursuant to 180
235		-	an exemption provided in section 22a-255j, the certificate shall state the 181
236		-	specific basis upon which the exemption is claimed. The certificate of 182
237		-	compliance shall be signed by an authorized official of the manufacturer 183
238		-	or distributor. A manufacturer or distributor of a package or packaging 184
239		-	component shall furnish a copy of the certificate of compliance to the 185
240		-	commissioner upon his request.] 186
241		-	(a) Upon request, a certificate of compliance stating that a package or 187
242		-	packaging component is in compliance with the requirements of 188
243		-	sections 22a-255g to 22a-255m, inclusive, as amended by this act, shall 189
244		-	be furnished by its manufacturer or supplier to the purchaser of the 190
245		-	packaging or packaging component. In the event that an exemption is 191
246		-	claimed pursuant to section 22a-255j, such certificate of compliance shall 192
247		-	state the specific basis upon which the exemption is claimed. Any such 193
248		-	certificate of compliance shall be signed by an authorized official of the 194
249		-	manufacturing or supplying company. The purchaser shall retain the 195
250		-	certificate of compliance for the duration of the use of such package or 196
251		-	packaging component. A copy of the certificate of compliance shall be 197
252		-	kept on file by the manufacturer or supplier of the package or packaging 198
253		-	component. No requirement of this subsection shall be construed to 199
254		-	apply to any package or packaging component for any medical device 200
255		-	or medical equipment. 201
256		-	(b) Certificates of compliance, or copies thereof, shall be furnished to 202 Substitute Bill No. 926
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	223	+	violated any provision of sections 22a-255g to 22a-255m, inclusive, if 170
	224	+	such manufacturer or distributor can show that, in the purchase of a 171
	225	+	package or packaging component, he relied in good faith on the written 172
	226	+	assurance of the manufacturer of such packaging or packaging 173
	227	+	component that such packaging or packaging component met the 174
	228	+	requirements of section 22a-255i. Such written assurance shall take the 175
	229	+	form of a certificate of compliance stating that a package or packaging 176
	230	+	component is in compliance with the requirements of sections 22a-255g 177
	231	+	to 22a-255m, inclusive, provided if compliance is achieved pursuant to 178
	232	+	an exemption provided in section 22a-255j, the certificate shall state the 179
	233	+	specific basis upon which the exemption is claimed. The certificate of 180
	234	+	compliance shall be signed by an authorized official of the manufacturer 181
	235	+	or distributor. A manufacturer or distributor of a package or packaging 182
	236	+	component shall furnish a copy of the certificate of compliance to the 183
	237	+	commissioner upon his request.] 184
	238	+	(a) Upon request, a certificate of compliance stating that a package or 185
	239	+	packaging component is in compliance with the requirements of 186
	240	+	sections 22a-255g to 22a-255m, inclusive, as amended by this act, shall 187
	241	+	be furnished by its manufacturer or supplier to the purchaser of the 188
	242	+	packaging or packaging component. In the event that an exemption is 189
	243	+	claimed pursuant to section 22a-255j, such certificate of compliance shall 190
	244	+	state the specific basis upon which the exemption is claimed. Any such 191
	245	+	certificate of compliance shall be signed by an authorized official of the 192
	246	+	manufacturing or supplying company. The purchaser shall retain the 193
	247	+	certificate of compliance for the duration of the use of such package or 194
	248	+	packaging component. A copy of the certificate of compliance shall be 195
	249	+	kept on file by the manufacturer or supplier of the package or packaging 196
	250	+	component. 197
	251	+	(b) Certificates of compliance, or copies thereof, shall be furnished to 198
	252	+	the Commissioner of Energy and Environmental Protection and to 199
	253	+	members of the public upon request. A manufacturer or supplier may 200
	254	+	make the certificate of compliance available on such manufacturer's 201
	255	+	Internet web site or through an authorized representative of such 202
	256	+	manufacturer, including, but not limited to, a packaging clearinghouse. 203 Raised Bill No. 926
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263		-	the Commissioner of Energy and Environmental Protection and to 203
264		-	members of the public upon request. A manufacturer or supplier may 204
265		-	make the certificate of compliance available on such manufacturer's 205
266		-	Internet web site or through an authorized representative of such 206
267		-	manufacturer, including, but not limited to, a packaging clearinghouse. 207
268		-	Any request from a member of the public for any certificate of 208
269		-	compliance from the manufacturer or supplier of a package or 209
270		-	packaging component shall be: (1) Made in writing, with a copy 210
271		-	provided to the commissioner, (2) made specific as to the package or 211
272		-	packaging component information requested, and (3) responded to by 212
273		-	the manufacturer or supplier not later than sixty days after receipt of 213
274		-	such request. 214
275		-	(c) If the manufacturer or supplier of the package or packaging 215
276		-	component reformulates or creates a new package or packaging 216
277		-	component, the manufacturer or supplier shall provide an amended or 217
278		-	new certificate of compliance for the reformulated or new package or 218
279		-	packaging component to all current purchasers. 219
280		-	(d) If there are grounds to suspect that a package is offered for sale in 220
281		-	violation of this chapter, the commissioner may request that the 221
282		-	manufacturer or distributor of the package provide a certificate of 222
283		-	compliance with the applicable provisions of this chapter. Not later than 223
284		-	thirty days after receipt of a request under this subsection, the 224
285		-	manufacturer or distributor shall: (1) Provide the commissioner with the 225
286		-	certificate attesting that the package does not contain a chemical 226
287		-	regulated under this chapter, or (2) notify persons who sell the package 227
288		-	in this state that the sale of the package is prohibited and provide the 228
289		-	commissioner with a copy of the notice and a list of the names and 229
290		-	addresses of those persons notified pursuant to this section. 230
291		-	Sec. 4. Section 22a-255m of the general statutes is repealed and the 231
292		-	following is substituted in lieu thereof (Effective July 1, 2021): 232
293		-	(a) The commissioner may, in consultation with the other member 233
294		-	states of the Toxics in Packaging Clearing House, review the 234 Substitute Bill No. 926
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	262	+	Any request from a member of the public for any certificate of 204
	263	+	compliance from the manufacturer or supplier of a package or 205
	264	+	packaging component shall be: (1) Made in writing, with a copy 206
	265	+	provided to the commissioner, (2) made specific as to the package or 207
	266	+	packaging component information requested, and (3) responded to by 208
	267	+	the manufacturer or supplier not later than sixty days after receipt of 209
	268	+	such request. 210
	269	+	(c) If the manufacturer or supplier of the package or packaging 211
	270	+	component reformulates or creates a new package or packaging 212
	271	+	component, the manufacturer or supplier shall provide an amended or 213
	272	+	new certificate of compliance for the reformulated or new package or 214
	273	+	packaging component to all current purchasers. 215
	274	+	(d) If there are grounds to suspect that a package is offered for sale in 216
	275	+	violation of this chapter, the commissioner may request that the 217
	276	+	manufacturer or distributor of the package provide a certificate of 218
	277	+	compliance with the applicable provisions of this chapter. Not later than 219
	278	+	thirty days after receipt of a request under this subsection, the 220
	279	+	manufacturer or distributor shall: (1) Provide the commissioner with the 221
	280	+	certificate attesting that the package does not contain a chemical 222
	281	+	regulated under this chapter, or (2) notify persons who sell the package 223
	282	+	in this state that the sale of the package is prohibited and provide the 224
	283	+	commissioner with a copy of the notice and a list of the names and 225
	284	+	addresses of those persons notified pursuant to this section. 226
	285	+	Sec. 4. Section 22a-255m of the general statutes is repealed and the 227
	286	+	following is substituted in lieu thereof (Effective July 1, 2021): 228
	287	+	(a) The commissioner may, in consultation with the other member 229
	288	+	states of the Toxics in Packaging Clearing House, review the 230
	289	+	effectiveness of sections 22a-255g to 22a-255m, inclusive, and provide a 231
	290	+	report based on such review to the Governor and the General Assembly. 232
	291	+	[The] As indicated in subsection (c) of this section, the report may 233
	292	+	describe substitutes which manufacturers and distributors of packages 234
	293	+	and packaging components have used in place of lead, mercury, 235 Raised Bill No. 926
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301		-	effectiveness of sections 22a-255g to 22a-255m, inclusive, and provide a 235
302		-	report based on such review to the Governor and the General Assembly. 236
303		-	[The] As indicated in subsection (c) of this section, the report may 237
304		-	describe substitutes which manufacturers and distributors of packages 238
305		-	and packaging components have used in place of lead, mercury, 239
306		-	cadmium and hexavalent chromium, and may contai n 240
307		-	recommendations concerning (1) other toxic substances contained in 241
308		-	packaging that should be added to those regulated under the provisions 242
309		-	of sections 22a-255g to 22a-255m, inclusive, in order to further reduce 243
310		-	the toxicity of packaging waste, and (2) the advisability of retaining the 244
311		-	exemption provided in subdivision (2) of section 22a-255j. 245
312		-	(b) For the purpose of gathering information for the review and 246
313		-	report described in subsection (a) of this section, the commissioner may 247
314		-	inspect and copy the records of any person (1) engaged in the 248
315		-	manufacture or distribution of packages or packaging components if 249
316		-	such records pertain to the processes by which such packages or 250
317		-	packaging components are manufactured, including the nature and 251
318		-	amounts of substances utilized, and (2) who produces or supplies 252
319		-	materials for the manufacture of packages or packaging components, if 253
320		-	such records pertain to the nature and amount of substances in such 254
321		-	materials or the identities or locations of purchasers or recipients of such 255
322		-	materials. Upon request of the commissioner, any such person shall 256
323		-	allow the commissioner to inspect and copy such records or shall 257
324		-	provide copies of such records to the commissioner. 258
325		-	(c) In accordance with the requirements of this section, the 259
326		-	commissioner may periodically revise and publish a list of packaging 260
327		-	chemicals of high concern. A chemical may be included on such list if: 261
328		-	(1) The chemical is included on the list of chemicals of concern published 262
329		-	by the Department of Energy and Environmental Protection on the basis 263
330		-	of credible scientific evidence as being (A) a carcinogen, a reproductive 264
331		-	or developmental toxicant or an endocrine disruptor, (B) persistent, 265
332		-	bioaccumulative and toxic, (C) very persistent and very 266
333		-	bioaccumulative, (D) persistent mobile and toxic, or (E) very persistent 267 Substitute Bill No. 926
	297	+	LCO No. 3303 9 of 10
	298	+
	299	+	cadmium and hexavalent chromium, and may contain 236
	300	+	recommendations concerning (1) other toxic substances contained in 237
	301	+	packaging that should be added to those regulated under the provisions 238
	302	+	of sections 22a-255g to 22a-255m, inclusive, in order to further reduce 239
	303	+	the toxicity of packaging waste, and (2) the advisability of retaining the 240
	304	+	exemption provided in subdivision (2) of section 22a-255j. 241
	305	+	(b) For the purpose of gathering information for the review and 242
	306	+	report described in subsection (a) of this section, the commissioner may 243
	307	+	inspect and copy the records of any person (1) engaged in the 244
	308	+	manufacture or distribution of packages or packaging components if 245
	309	+	such records pertain to the processes by which such packages or 246
	310	+	packaging components are manufactured, including the nature and 247
	311	+	amounts of substances utilized, and (2) who produces or supplies 248
	312	+	materials for the manufacture of packages or packaging components, if 249
	313	+	such records pertain to the nature and amount of substances in such 250
	314	+	materials or the identities or locations of purchasers or recipients of such 251
	315	+	materials. Upon request of the commissioner, any such person shall 252
	316	+	allow the commissioner to inspect and copy such records or shall 253
	317	+	provide copies of such records to the commissioner. 254
	318	+	(c) In accordance with the requirements of this section, the 255
	319	+	commissioner may periodically revise and publish a list of packaging 256
	320	+	chemicals of high concern. A chemical may be included on such list if: 257
	321	+	(1) The chemical is included on the list of chemicals of concern published 258
	322	+	by the Department of Energy and Environmental Protection on the basis 259
	323	+	of credible scientific evidence as being (A) a carcinogen, a reproductive 260
	324	+	or developmental toxicant or an endocrine disruptor, (B) persistent, 261
	325	+	bioaccumulative and toxic, (C) very persistent and very 262
	326	+	bioaccumulative, (D) persistent mobile and toxic, or (E) very persistent 263
	327	+	and very mobile; (2) the commissioner determines that there is strong 264
	328	+	credible scientific evidence that the chemical is a reproductive or 265
	329	+	developmental toxicant, endocrine disruptor or human carcinogen; or 266
	330	+	(3) the commissioner determines that there is strong credible scientific 267
	331	+	evidence that the chemical (A) was found through biomonitoring 268
	332	+	studies to be present in human blood, human breast milk, human urine 269 Raised Bill No. 926
334	333
335	334
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339	335
340		-	and very mobile; (2) the commissioner determines that there is strong 268
341		-	credible scientific evidence that the chemical is a reproductive or 269
342		-	developmental toxicant, endocrine disruptor or human carcinogen; or 270
343		-	(3) the commissioner determines that there is strong credible scientific 271
344		-	evidence that the chemical (A) was found through biomonitoring 272
345		-	studies to be present in human blood, human breast milk, human urine 273
346		-	or other human bodily tissues or fluids, (B) was found through sampling 274
347		-	and analysis to be present in packaging, and (C) was added to or is 275
348		-	present in a package. 276
349		-	(d) The commissioner may periodically review the list published 277
350		-	pursuant to subsection (c) of this section and shall remove from the list 278
351		-	any packaging chemical of high concern that no longer meets the criteria 279
352		-	contained in subsection (c) of this section. The commissioner may add 280
353		-	to the list additional packaging chemicals of high concern that meet the 281
354		-	criteria of subsection (c) of this section provided such list may not at any 282
355		-	one time include more than ten packaging chemicals of high concern. 283
356		-	(e) A packaging chemical of high concern listed pursuant to 284
357		-	subsection (c) of this section shall be considered a toxic chemical. To 285
358		-	fulfill this chapter's goal of reducing the toxicity of packaging waste, the 286
359		-	commissioner may recommend to the joint standing committee of the 287
360		-	General Assembly having cognizance of matters relating to the 288
361		-	environment that such toxic chemical be added to the prohibited 289
362		-	chemicals regulated pursuant to sections 22a-255g to 22a-255m, 290
363		-	inclusive, not later than two years after the date of such 291
364		-	recommendation. 292
	336	+	LCO No. 3303 10 of 10
	337	+
	338	+	or other human bodily tissues or fluids, (B) was found through sampling 270
	339	+	and analysis to be present in packaging, and (C) was added to or is 271
	340	+	present in a package. 272
	341	+	(d) The commissioner may periodically review the list published 273
	342	+	pursuant to subsection (c) of this section and shall remove from the list 274
	343	+	any packaging chemical of high concern that no longer meets the criteria 275
	344	+	contained in subsection (c) of this section. The commissioner may add 276
	345	+	to the list additional packaging chemicals of high concern that meet the 277
	346	+	criteria of subsection (c) of this section provided such list may not at any 278
	347	+	one time include more than ten packaging chemicals of high concern. 279
	348	+	(e) A packaging chemical of high concern listed pursuant to 280
	349	+	subsection (c) of this section shall be considered a toxic chemical. To 281
	350	+	fulfill this chapter's goal of reducing the toxicity of packaging waste, the 282
	351	+	commissioner may recommend to the joint standing committee of the 283
	352	+	General Assembly having cognizance of matters relating to the 284
	353	+	environment that such toxic chemical be added to the prohibited 285
	354	+	chemicals regulated pursuant to sections 22a-255g to 22a-255m, 286
	355	+	inclusive, not later than two years after the date of such 287
	356	+	recommendation. 288
365	357		This act shall take effect as follows and shall amend the following
366	358		sections:
367	359
368	360		Section 1 July 1, 2021 22a-255h
369	361		Sec. 2 July 1, 2021 22a-255i
370	362		Sec. 3 July 1, 2021 22a-255k
371	363		Sec. 4 July 1, 2021 22a-255m
372		-	Substitute Bill No. 926
373	364
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378		-
379		-	ENV Joint Favorable Subst.
	365	+	Statement of Purpose:
	366	+	To prohibit the sale of consumer packaging that contains PFAS.
	367	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	368	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	369	+	underlined.]
380	370