                                 CODE OF VIRGINIA

EXEMPTIONS (§ 10.1-1425.23)

The following packaging and packaging components shall be exempt from the
requirements of this Act:

1. Packaging or packaging components with a code indicating a date of
manufacture prior to July 1, 1995;

2. Packages or packaging components 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, provided that (i) the manufacturer of a package or packaging
component must petition the Board for any exemption for a particular package or
packaging component; (ii) the Board may grant an exemption for up to two years
if warranted by the circumstances; and (iii) such an exemption may, upon
reapplication for exemption and meeting the criterion of this subdivision, be
renewed at two-year intervals;

3. Packages and packaging components to which lead, cadmium, mercury or
hexavalent chromium has been added in the manufacturing, forming, printing or
distribution process for which there is no feasible alternative, provided that
(i) the manufacturer of a package or packaging component must petition the Board
for any exemption for a particular package or packaging component; (ii) the
Board may grant an exemption for up to two years if warranted by the
circumstances; and (iii) such an exemption may, upon reapplication for exemption
and meeting the criterion of this subdivision, be renewed at two-year intervals.
For purposes of this subdivision, 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&#8217;s contents;

4. Packages and packaging components that would not exceed the maximum
contaminant levels established but for the addition of recovered or recycled
materials; and

5. Packages and packaging components used to contain alcoholic beverages, as
defined in &#xA7; 4.1-100, bottled prior to July 1, 1992.

HISTORY: 1994, c. 944; 1995, c. 115.