Rigid Plastic Rigid Plastic Packaging Containers: Packaging Containers: State LawsState Laws

Presented by Daniel S. WagnerPresented by Daniel S. WagnerManager of Regulatory ComplianceManager of Regulatory Compliance

Wisconsin:Wisconsin: RPPCsRPPCs

•• Applies to “an individual, separate, rigid Applies to “an individual, separate, rigid plastic bottle, jar, or carton, except for a plastic bottle, jar, or carton, except for a blister pack, that is originally used to blister pack, that is originally used to contain a product that is the subject of a contain a product that is the subject of a retail sale.”retail sale.”

Wisconsin: Wisconsin: RPPCsRPPCs

•• Size: 8 oz or largerSize: 8 oz or larger

•• Retail sale Retail sale

•• Exemption: Food, beverage, drug, Exemption: Food, beverage, drug, cosmetic, and medical device containers cosmetic, and medical device containers regulated under FFDCAregulated under FFDCA

WisconsinWisconsin

Content RequirementContent Requirement

•• Plastic containers must consist of at Plastic containers must consist of at least 10% recycled or remanufactured least 10% recycled or remanufactured materialmaterial

-- Includes preIncludes pre--consumer scrapconsumer scrap

OregonOregon

State Recycling RateState Recycling Rate

•• If the state rate exceeds 25%, all If the state rate exceeds 25%, all RPPCs RPPCs are deemed in complianceare deemed in compliance

•• In 2003, the rate was 27%In 2003, the rate was 27%

Oregon: Recycling RateOregon: Recycling Rate

Rate for Compliance PurposesRate for Compliance Purposes

•• Estimate of what rate is expected to beEstimate of what rate is expected to be

•• If state determines that the rate will be If state determines that the rate will be above 25% for the upcoming year, all above 25% for the upcoming year, all companies may rely on the figurecompanies may rely on the figure

Oregon: Oregon: RPPCsRPPCs

•• Size: 8 oz to 5 gallonsSize: 8 oz to 5 gallons

•• Composed primarily of plastic resinComposed primarily of plastic resin

•• Maintain shape when empty or fullMaintain shape when empty or full

•• Does not need to be a “complete Does not need to be a “complete package”package”

Oregon:Oregon: RPPCsRPPCs

ExemptionsExemptions1.1. Food containersFood containers2.2. Medical Medical packagingspackagings3.3. Containers shipped outside OregonContainers shipped outside Oregon4.4. Tamper resistant partsTamper resistant parts5.5. Blister packs and tubesBlister packs and tubes6.6. Reduced containers: reduced in size Reduced containers: reduced in size

by 10%by 10%

Oregon:Oregon: RPPCsRPPCsSubstantial Investment ExemptionSubstantial Investment Exemption

1.1. Substantial investment in reaching 25% Substantial investment in reaching 25% recycling goalrecycling goal

2.2. Viable markets for material collected Viable markets for material collected

3.3. Actual recycling rate at least 20%Actual recycling rate at least 20%

4.4. Reasonable projections indicate that Reasonable projections indicate that material will be recycled at 25% rate material will be recycled at 25% rate within 2 yearswithin 2 years

Oregon: Compliance OptionsOregon: Compliance Options

Recycled Content OptionRecycled Content Option

•• RPPC must consist of at least 25% postRPPC must consist of at least 25% post--consumer materialconsumer material

Reuse OptionReuse Option

•• Must be used five or more timesMust be used five or more times

Oregon: Compliance OptionsOregon: Compliance Options

Recycling Rate OptionRecycling Rate OptionPackage is of a specific type that is recycled at a Package is of a specific type that is recycled at a

rate that exceeds 25%rate that exceeds 25%

•• Specific Types of Specific Types of RPPCsRPPCs: particular product in : particular product in a specific type of RPPC (i.e.: milk jugs)a specific type of RPPC (i.e.: milk jugs)

•• Specific Types of PlasticSpecific Types of Plastic

•• Product Associated PackagesProduct Associated Packages: brand: brand--specific specific RPPC line (i.e.: Brand ‘X’ salad dressing)RPPC line (i.e.: Brand ‘X’ salad dressing)

California: California: RPPCsRPPCs

•• Made entirely of plasticMade entirely of plastic

•• Capable of multiple Capable of multiple reclosuresreclosures

•• Not flexible; can maintain shapeNot flexible; can maintain shape

•• Size: 8 fl.oz to 5 gallonsSize: 8 fl.oz to 5 gallons

•• Normally used to store a product for Normally used to store a product for seven days or longerseven days or longer

California:California: RPPCsRPPCsExemptionsExemptions

1.1. Export Packaging: Sold outside of CAExport Packaging: Sold outside of CA

2.2. Drug, cosmetic, food and medical device Drug, cosmetic, food and medical device containerscontainers

3.3. RPPCsRPPCs containing FIRA regulated productscontaining FIRA regulated products

4.4. RPPCsRPPCs manufactured for use in the manufactured for use in the shipment of hazmat and prohibited from shipment of hazmat and prohibited from being manufactured with used material by being manufactured with used material by federal packaging specs and standardsfederal packaging specs and standards

California: Who is Subject?California: Who is Subject?

•• The law applies to all “product The law applies to all “product manufacturers”manufacturers”

•• Includes all manufactures, distributors or Includes all manufactures, distributors or importers of products packaged in an importers of products packaged in an RPPC and offered for sale in CARPPC and offered for sale in CA

•• Any company whose name appears on Any company whose name appears on the label can be considered the the label can be considered the manufacturermanufacturer

California: Compliance OptionsCalifornia: Compliance Options

Recycled ContentRecycled Content

•• Must consist of at least 25% postMust consist of at least 25% post--consumer resinconsumer resin

Reusable or RefillableReusable or Refillable

•• Must be routinely reused or refilled at Must be routinely reused or refilled at least 5 timesleast 5 times

California: Compliance OptionsCalifornia: Compliance Options

Source ReductionSource Reduction•• Must be “Must be “lightweightedlightweighted” compared with:” compared with:

1.1. Packaging used on January 1, 1995Packaging used on January 1, 1995

2.2. Packaging used for that product during the Packaging used for that product during the course of its first full year of commerce in CAcourse of its first full year of commerce in CA

3.3. Packaging used in commerce the same Packaging used in commerce the same year for similar products (“particular type year for similar products (“particular type RPPCsRPPCs”)”)

California: Compliance OptionsCalifornia: Compliance Options

Product Associated Product Associated RPPCsRPPCs

•• Brand specific Brand specific RPPCs RPPCs used in used in conjunction with a particular product line conjunction with a particular product line must be recycled at a 45% rate (i.e.: must be recycled at a 45% rate (i.e.: Brand ‘X’ detergent bottles)Brand ‘X’ detergent bottles)

California: ComplianceCalifornia: Compliance

•• It is not necessary for each RPPC to It is not necessary for each RPPC to individually comply with the lawindividually comply with the law

•• Companies may establish compliance Companies may establish compliance by averagingby averaging

•• The average may include only The average may include only RPPCs RPPCs sold in CA or all sold nationwidesold in CA or all sold nationwide

California: ComplianceCalifornia: Compliance

•• The average may be based on an entire The average may be based on an entire product line or onproduct line or on sublinessublines

•• The average may only include thoseThe average may only include thoseRPPCsRPPCs for which the same compliance for which the same compliance option is citedoption is cited

•• Every RPPC must be included in one of Every RPPC must be included in one of the averages or individually comply with the averages or individually comply with the lawthe law

California: CertificationCalifornia: Certification

•• Surveys are sent to randomly selected Surveys are sent to randomly selected “product manufacturers”“product manufacturers”

•• Survey consists of two formsSurvey consists of two forms

-- Product manufacturer formProduct manufacturer form-- Container manufacturer formContainer manufacturer form

•• 60 days to return completed forms60 days to return completed forms

California: CertificationCalifornia: Certification

Response OptionsResponse Options

1.1. Demonstrate complianceDemonstrate compliance

2.2. Admit nonAdmit non--compliancecompliance

3.3. Claim containers are not Claim containers are not RPPCsRPPCs

4.4. Claim an exemption under the lawClaim an exemption under the law

5.5. Deny selling products in CADeny selling products in CA

California: EnforcementCalifornia: Enforcement

Compliance AgreementsCompliance Agreements

•• Historically allowed by CIWMB (in lieu of Historically allowed by CIWMB (in lieu of fine or other penalty)fine or other penalty)

•• July 2005: CIWMB announces that July 2005: CIWMB announces that compliance agreements will no longer compliance agreements will no longer be entered intobe entered into

California: EnforcementCalifornia: Enforcement

PenaltiesPenalties

1.1. Public offense subject to fines of up to Public offense subject to fines of up to $100,000$100,000

2.2. Civil penalties of up to $50,000Civil penalties of up to $50,000

3.3. Providing false information may be Providing false information may be prosecuted as fraudprosecuted as fraud

4.4. ChemChem--Lite Lite fined $20,000 for 1996fined $20,000 for 1996