‘Sec. 1. 32 MRSA §1731, as enacted by PL 1989, c. 849, §1, is amended to read:
§ 1731. Purpose
The purpose of this chapter is to reduce the toxicity of packaging and packaging waste without impeding or discouraging the expanded use of post-consumer materials in the production of packaging and its components. Under this chapter, reduction of the toxicity in packaging and packaging waste is accomplished by prohibiting the unnecessary addition of heavy metals certain chemicals, such as lead, mercury, cadmium and , hexavalent chromium, PFAS and phthalates, in packaging and packaging components.
Sec. 2. 32 MRSA §1732, as amended by PL 1995, c. 656, Pt. A, §§7 and 8, is further amended to read:
§ 1732. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
The use of a regulated metal or other regulated chemical as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, when the incidental retention of a residue of the metal or chemical in the final package or packaging component is neither desired nor deliberate, is not considered intentional introduction for the purposes of this chapter.
The use of recycled materials as feedstock for the manufacture of new packaging materials, when a portion of the recycled materials may contain amounts of the regulated metals or other regulated chemicals, is not considered intentional introduction for the purposes of this chapter when the new package or packaging component is in compliance with section 1733.
Sec. 3. 32 MRSA §1733, as enacted by PL 1989, c. 849, §1, is amended to read:
§ 1733. Prohibitions; substitute materials
The prohibition in this subsection does not prevent a manufacturer that is located in the State from offering for sale or for promotional purposes outside the State a food package to which phthalates have been intentionally introduced in any amount greater than an incidental presence.
The prohibition in this subsection does not prevent a manufacturer that is located in the State from offering for sale or for promotional purposes outside the State a food package to which PFAS have been intentionally introduced in any amount greater than an incidental presence.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. 32 MRSA §1734, as amended by PL 1995, c. 656, Pt. A, §9, is further amended to read:
§ 1734. Exemptions
All packages and packaging components are subject to the provisions of section 1733 unless:
For packages or packaging components exempted under paragraph A or B, a 2-year exemption may be granted and that exemption may be renewed for an additional 2 years. An exemption granted under paragraph C is valid for 6 years; or
Sec. 5. 32 MRSA §1735, sub-§3 is enacted to read:
Sec. 6. 32 MRSA §1737, as amended by PL 1995, c. 656, Pt. A, §12 and PL 2011, c. 657, Pt. W, §5, is repealed and the following enacted in its place:
§ 1737. Rules
The department shall adopt rules necessary for the implementation, administration and enforcement of this chapter. Except as otherwise provided in this chapter, rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 7. 32 MRSA §1739, as enacted by PL 1989, c. 849, §1, is repealed.
Sec. 8. 32 MRSA c. 26-B is enacted to read:
CHAPTER 26-B
TOXIC CHEMICALS IN FOOD PACKAGING
§ 1741. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 1742. Identification of food contact chemicals of high concern
In accordance with the requirements of this section, the department shall publish and may revise a list of no more than 10 food contact chemicals of high concern.
(1) A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;
(2) Persistent, bioaccumulative and toxic; or
(3) Very persistent and very bioaccumulative;
(1) The chemical has been found through biomonitoring studies to be present in human blood, human breast milk, human urine or other human bodily tissues or fluids;
(2) The chemical has been found through sampling and analysis to be present in a food or beverage product; or
(3) The chemical has been added to or is present in a food package.
§ 1743. Designation of priority food contact chemicals
The commissioner may designate a food contact chemical of high concern as a priority food contact chemical if:
§ 1744. Disclosure of information on priority food contact chemicals
The manufacturer or distributor of a food package that contains a priority food contact chemical may provide additional information to the department regarding the potential for harm to human health and the environment from specific uses of the chemical.
§ 1745. Sales prohibition; rules; safer alternatives to priority food contact chemicals
If there are several available safer alternatives to a priority food contact chemical, the board may prohibit the sale of a food package that does not contain the safer alternative that is least toxic to human health or least harmful to the environment.
A rule adopted pursuant to this subsection must specify the effective date of the prohibition, which may not be sooner than 2 years after notice of the proposed rule is published as required under Title 5, section 8053, subsection 5.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
The commissioner may grant a waiver with or without conditions upon finding that there is a need for the food package in which the priority food contact chemical is used and there are no technically or economically feasible alternatives for the use of that chemical in the food package. A waiver may be granted for a term not to exceed 5 years and may be renewed for one or more additional 5-year terms upon written application demonstrating that technically or economically feasible alternatives remain unavailable. The commissioner shall deny or grant a waiver request within 60 days after receipt of a completed waiver application.
§ 1746. Applicability
The provisions of this chapter do not apply to:
§ 1747. Implementation, administration and enforcement; rules; violations
The department shall implement, administer and enforce this chapter and shall adopt rules as necessary for the implementation, administration and enforcement of this chapter.