1. (a) No petition for exemption shall be necessary if a package or packaging component is eligible for an automatic exemption under RSA 149-M:35.
2. (b) Subject to (c) below, in order for a petition for exemption from RSA 149-M:32-40 to be valid, the manufacturer of the package or packaging component shall file the petition.
3. (c) If a manufacturer of a package or packaging component does not provide a supplier with a certificate of compliance and the supplier believes the package or packaging component is eligible for an exemption, the supplier may file a petition for exemption.
4. (d) The petition for exemption shall be filed with the department.

5. (e) The petition shall include the following:

   1. (1) The name, address, and telephone number of the manufacturer or supplier seeking the exemption;
   2. (2) The name and position of the individual who can answer questions on behalf of the petitioner about the petition;
   3. (3) The reason why the exemption is being sought;
   4. (4) The type of package or packaging component for which the exemption is sought and the use thereof;
   5. (5) The heavy metals identified in RSA 149-M:32 that are present in the package or packaging components;
   6. (6) The concentration(s) of the identified heavy metal(s) present in the package or packaging component, and the testing methods used to determine the concentration(s);
   7. (7) If the package or packaging components are necessary in order to comply with health or safety requirements of federal law as specified in RSA 149-M:35, I(b), identification of the federal law(s) together with a copy of the law(s); and
   8. (8) If there is no feasible alternative for reducing the identified heavy metals in the package or packaging components, substantiating information addressing the criteria in Env-Sw 1803.02, including a timetable for ongoing and future efforts to achieve compliance through feasible alternatives to using the identified heavy metals.

Source. #5768, eff 12-29-93, EXPIRED 12-29-99 New. #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3503.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24