Section 23-18.13-1. – Short title.

§ 23-18.13-1. Short title. This chapter shall be known as the “Toxic Packaging Reduction Act”. History of Section.P.L. 1990, ch. 149, § 1.

Section 23-18.13-10. – Public access.

§ 23-18.13-10. Public access. Any request from a member of the public for any certificate of compliance from the manufacturer or supplier of a package or packaging component shall be: (1) Made in writing with a copy provided to the department; (2) Made specific as to package or packaging component information requested; and (3) Responded […]

Section 23-18.13-11. – Effective date.

§ 23-18.13-11. Effective date. This chapter shall become effective immediately upon adoption. History of Section.P.L. 1995, ch. 115, § 2.

Section 23-18.13-12. – Severability and construction.

§ 23-18.13-12. Severability and construction. The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability to any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be […]

Section 23-18.13-13. – Sunset.

§ 23-18.13-13. Sunset. The provisions of § 23-18.13-3(6)(iii) shall sunset on July 1, 2027. History of Section.P.L. 2022, ch. 293, § 2, effective June 29, 2022; P.L. 2022, ch. 294, § 2, effective June 29, 2022.

Section 23-18.13-2. – Findings.

§ 23-18.13-2. Findings. The general assembly has found and declares that: (1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment; (2) Packaging comprises a significant percentage of the overall solid waste stream; (3) The presence of heavy metals and both perfluoroalkyl and […]

Section 23-18.13-3. – Definitions.

§ 23-18.13-3. Definitions. (1) “Department” means the department of environmental management. (2) “Distribution” means the practice of taking title to a package(s) or packaging component(s) for promotional purposes or resale. Persons involved solely in delivering a package(s) or packaging component(s) on behalf of third parties are not considered distributors. (3) “Distributor” means any person, firm, […]

Section 23-18.13-4. – Prohibition — Schedule for removal of incidental amounts.

§ 23-18.13-4. Prohibition — Schedule for removal of incidental amounts. (a) No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state, which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, […]

Section 23-18.13-5. – Exemptions.

§ 23-18.13-5. Exemptions. (a) All packages and packaging components shall be subject to this chapter except the following: (1) Those packages or packaging components with a code indicating date of manufacture that were manufactured prior to July 5, 1990; or (2) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have […]

Section 23-18.13-6. – Certificate of compliance.

§ 23-18.13-6. Certificate of compliance. (a) A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be furnished by its manufacturer or supplier to its purchaser; provided, however, where compliance is achieved under the exemption(s) provided in § 23-18.13-5(a)(2) and (3), the certificate shall […]

Section 23-18.13-7. – Violations — Sanctions — Injunctive relief.

§ 23-18.13-7. Violations — Sanctions — Injunctive relief. The attorney general of the state shall have the power to bring an action in the name of the state and the department through its legal counsel shall have the power to bring an action in the name of the department in any court of competent jurisdiction […]

Section 23-18.13-8. – Repealed.

§ 23-18.13-8. Repealed.

Section 23-18.13-9. – Regulations.

§ 23-18.13-9. Regulations. The department shall promulgate rules and regulations as may be necessary to implement and carry out the provisions of this chapter. The rules and regulations shall require manufacturers or distributors to pay a fee rationally related to the costs of enforcement of this program. Any fee paid shall be paid to the […]