(415 ILCS 5/21.5)
(from Ch. 111 1/2, par. 1021.5)
Toxic packaging reduction.
(a) For the purposes of this Section, the following terms have the
meanings ascribed to them in this subsection:
"Distributor" means any person, firm, or corporation
that takes title to goods purchased for resale.
"Package" means a container providing a direct means
of marketing, protecting, or handling a product, and includes a product unit package, an intermediate package, or a shipping container as defined by ASTM D996. "Package" shall also include such unsealed consumer product receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
"Packaging component" means any individual assembled
part of a package including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, coatings, closure, ink, and labeling; except that coatings shall not include a thin tin layer applied to base steel or sheet steel during manufacturing of the steel or package.
(b) Beginning July 1, 1994, no package or packaging component may be
offered for sale or promotional purposes in this State, by its manufacturer
or distributor, if the package itself or any packaging component includes
any ink, dye, pigment, adhesive, stabilizer, or other additive that contains
lead, cadmium, mercury or hexavalent chromium that has been intentionally
introduced during manufacturing or distribution.
(c) Beginning July 1, 1994, no product may be offered for sale or
for promotional purposes in this State by its manufacturer or distributor in Illinois in
a package that includes, in the package itself or in any of its packaging
components, any ink, dye, pigment, adhesive, stabilizer, or other additive
that contains lead, cadmium, mercury or hexavalent chromium that has been
intentionally introduced during manufacturing or distribution.
(d) No package or packaging component, and no product in a package, may
be offered for sale or promotional purposes in this State if the sum of the
concentration levels of lead, cadmium, mercury, or hexavalent chromium
present in the package or packaging component, but not intentionally
introduced by the manufacturer or distributor, exceeds the following limits:
(1) 600 parts per million by weight (0.06%) beginning
(2) 250 parts per million by weight (0.025%)
(3) 100 parts per million by weight (0.01%) beginning
(e) The following packages and packaging components are not subject to this
(1) Those packages or packaging components with a
code indicating a date of manufacture before July 1, 1994.
(2) Those packages or packaging components for which
an exemption has been granted by the Agency under subsection (f).
(3) Until July 1, 1998, packages and packaging
components that would not exceed the maximum contaminant levels set forth in subsection (d) of this Section but for the addition of post consumer materials.
(4) Those packages or packaging components used to
contain wine or distilled spirits that have been bottled before July 1, 1994.
(5) Packaging components, including but not limited
to strapping, seals, fasteners, and other industrial packaging components intended to protect, secure, close, unitize or provide pilferage protection for any product destined for commercial use.
(6) Those packages used in transporting, protecting,
safe handling or functioning of radiographic film.
(f) The Agency may grant an exemption from the requirements of this
Section for a package or packaging component to which lead, cadmium,
mercury, or hexavalent chromium has been added in the manufacturing,
forming, printing, or distribution process in order to comply with health or
safety requirements of federal law or because there is not a feasible
alternative. These exemptions shall be granted, upon application of the
manufacturer of the package or packaging component, for a period of 2
years and are renewable for periods of 2 years. If the Agency denies a
request for exemption, or
fails to take final action on a request within 180 days, the applicant may
seek review from the Board in the same manner as in the case of a permit
denial. Any other party to the Agency proceeding may seek review in the
manner provided in subsection (c) of Section 40.
For the purposes of this subsection, 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.
The Agency may enter into reciprocal agreements with other states that
have adopted similar restrictions on toxic packaging and may accept
exemptions to those restrictions granted by such states. Prior to taking
such action, the Agency shall provide for public notice in the
Environmental Register and for a 30-day comment period.
(g) Beginning July 1, 1994, a certificate of compliance stating that
a package or packaging component is in compliance with the requirements of
this Section shall be furnished by its manufacturer or supplier to its
distributor, or shall be maintained by the manufacturer in Illinois if the
manufacturer is also the distributor. If compliance is achieved only under
the exemption provided in
subdivision (e)(2) or (e)(3), the certificate shall state the specific
basis upon which the exemption is claimed. The certificate of compliance
shall be signed by an authorized official of the manufacturer or supplier.
The certificate can be for the entire class, type, or category of packaging
or a particular product regulated under this Act, and a certificate need
not be provided or maintained for each individual package, packaging
component, or packaging for a product.
The manufacturer or distributor in Illinois shall retain the
certificate of compliance for as long as the
package or packaging component is in use. A copy of the certificate of
compliance shall be kept on file by the manufacturer or supplier of the
package or packaging component. Certificates of compliance, or copies
thereof, shall be furnished to the Agency upon its request and to members
of the public in accordance with subsection (i).
If the manufacturer or supplier of the package or packaging component
reformulates or creates a new package or packaging component, the
manufacturer or supplier shall provide an amended or new certificate of
compliance for the reformulated or new package or packaging component.
(i) Any request from a member of the public for any certificate of
compliance from the manufacturer or supplier of a package or packaging
component shall be:
(1) made in writing and transmitted by registered
mail with a copy provided to the Agency;
(2) specific as to the package or packaging component
information requested; and
(3) responded to by the manufacturer or supplier
(j) The provisions of this Section shall not apply to any glass or
ceramic product used as packaging that is intended to be reusable or
refillable, and where the lead and cadmium from the product do not exceed
the Toxicity Characteristic Leachability Procedures of leachability of lead
and cadmium as set forth by the U.S. Environmental Protection Agency.
(Source: P.A. 92-574, eff. 6-26-02.)