AB 1435

Bill Subjects

Abstract

The Toxics in Packaging Prevention Act generally prohibits a manufacturer or supplier from offering for sale or for promotional purposes in this state a package or packaging component that includes intentionally introduced lead, mercury, cadmium, or hexavalent chromium in the package or in a packaging component. The act exempted from this prohibition, until January 1, 2010, a package or a packaging component if the manufacturer or supplier complied with specific documentation requirements and the package or packaging component did not contain any intentionally introduced lead, mercury, cadmium, or hexavalent chromium, but exceeded a specific maximum concentration level because of the addition of a recycled material. This bill would provide a similar exemption, until January 1, 2019, for a glass beverage, food, or drink container. The bill would require the Department of Toxic Substances Control to evaluate the packaging of glass beverage, food, and drink containers, as specified, to determine if lead, mercury, cadmium, or hexavalent chromium is present in glass beverage, food, or drink containers sold in California. If the department determines that these metals are present, the bill would require the department to also evaluate whether and under what circumstances those metals can leach from the glass containers into the food or beverage and whether the presence of the metals in the glass containers presents a risk to human health and the environment. The bill would authorize the department to request any information and collect any samples necessary for the evaluations from glass manufacturers or feedstock or raw material suppliers in the state that are subject to the act, and would require the department to provide the results of the evaluations to the Legislature by January 1, 2018. The bill would authorize the department to adopt regulations, pursuant to existing authority, based on these evaluations. The bill would authorize the department to seek reimbursement from the glass manufacturers and feedstock and raw material suppliers to cover the reasonable costs directly related to collecting glass samples, reviewing and processing those samples, analyzing the samples, disseminating certain information, and implementing any regulations that are developed as a result of the evaluations. The bill would delete obsolete provisions and would make conforming changes.