Definitions

As used in this article, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (2) ‘‘Distributor’’ means a person who takes title to products or packaging purchased for resale. (3) ‘‘Manufacturer’’ means a person who offers for sale or sells products or packaging to a distributor. (4) ‘‘Package’’ means a container which provides a means of marketing, protecting, or handling a product, including a unit package, intermediate package, or a shipping container. The term ‘‘package’’ also includes, but is not limited to, unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs. 1010 12-8-162 (5) ‘‘Packaging component’’ means any individual assembled part of a package, including but not limited to interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping except for steel strapping which contains less than 100 ppm lead, coatings, closures, inks, labels, and tinplated steel that meets the American Society for Testing and Materials (ASTM) specification A-623. History. — Code 1981, § 12-8-161, enacted by Ga. L. 1992, p. 2968, § 1; Ga. L. 1994, p. 1101, § 5. 12-8-162. Prohibition against sale of packages containing lead, cadmium, mercury, or hexavalent chromium; allowable concentration levels. (a) On and after July 1, 1994, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in this state a package or packaging component which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements and which exceeds the concentration level established by the board. (b) On and after July 1, 1994, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in this state a product in a package which includes, in the package itself or in any of the packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements and which exceeds the concentration level established by the board. (c) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in a package or packaging component established by the board shall not exceed the following: (1) Six hundred parts per million by weight on and after July 1, 1994; (2) Two hundred fifty parts per million by weight on and after July 1, 1995; and (3) One hundred parts per million by weight on and after July 1, 1996. Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall be determined using American standard of testing materi1011 12-8-162 CONSERVATION & NATURAL RES. 12-8-164 als test methods, as revised, or United States Environmental Protection Agency test methods for evaluating solid waste, S-W 846, as revised. History. — Code 1981, § 12-8-162, enacted by Ga. L. 1992, p. 2968, § 1. 12-8-163. Exempt packaging.