Section Env-Sw 1803.02 - Criteria for Petitioned Exemptions(a) No petition for an exemption shall be granted unless the petitioner demonstrates to the commissioner either that: (1) The identified heavy metals present in the package or packaging component are necessary in order to comply with federal health or safety requirements; or(2) No feasible alternative to the use of the identified heavy metals exists, as "no feasible alternative" is defined in RSA 149-M:35, I(c).(b) A petitioner shall demonstrate that the identified heavy metals present in the package or packaging component are necessary in order to comply with federal health or safety requirements by providing a copy of the federal requirements together with such additional information as would allow an independent reasonable person to conclude that the metals are necessary.(c) A petitioner shall demonstrate that no feasible alternative exists to the use of the heavy metal in the package or packaging component by submitting such written materials as would allow an independent reasonable person to conclude that the metals are essential to the protection, safe handling or functioning of the package's contents.N.H. Admin. Code § Env-Sw 1803.02
#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 3503.02)
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10601, Effective 7/1/2014, Expires7/1/2024.