1. (a) Pursuant to Public Resources Code Section 42340, the following rigid plastic packaging containers are exempt from the requirements of this Article.

   1. (1) Rigid plastic packaging containers produced in or out of California which are destined for shipment to other destinations outside the state and which remain with the products during that shipment. “Destined for shipment to other destinations outside the state” means that the sale of the rigid plastic packaging container to the final end user occurs outside California.
   2. (2) Rigid plastic packaging containers that contain drugs, medical devices, cosmetics, food, medical food, or infant formula as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.).
   3. (3) Rigid plastic packaging containers that contain toxic or hazardous products regulated by the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
   4. (4) Rigid plastic packaging containers that are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications and testing standards set forth in Section 178.509 and 178.522 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable.

2. (b) To claim an exemption, a product manufacturer, within 90 calendar days of receiving a certification notice pursuant to Section 17945.1(d), shall submit to the Department the following information:

   1. (1) Photograph(s) of the rigid plastic packaging container(s) and label(s) which clearly show(s) the name(s) of the product(s) for which the exemption is being claimed;
   2. (2) The basis for the exemption, which shall include specific citation to any applicable federal statutes, regulations, any applicable registration numbers, and supporting documentation needed to validate the exemption claim; and

   3. (3) The name, mailing address, e-mail, and telephone number of the person to whom the Department shall direct future communication relating to the exemption.

      The documentation must be submitted under penalty of perjury, and include the following statement, the title of the signatory and the date of the signature:

      “I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge and belief the foregoing information and all supporting data provided is accurate, true and complete.”

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42326 and 42340, Public Resources Code.

History

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).

2. New subsections (a)(6)-(a)(6)(C), renumbering and amendment of former subsection (a)(6) to new subsection (a)(7), and amendment of Note filed 5-30-97; operative 5-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).

3. Amendment of subsection (d) filed 2-2-2000 as an emergency; operative 2-2-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-2000 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-2-2000 order transmitted to OAL 6-1-2000 and filed 7-11-2000 (Register 2000, No. 28).

5. Renumbering of former section 17946.5 to new section 17945.5 and new section 17946.5 filed 6-28-2012; operative 1-1-2013 (Register 2012, No. 26).