§ 37-0207. Exemptions.

All packaging and packaging components shall be subject to this title
except the following:

1. Those packages or packaging components which have been delivered to
a distributor or manufacturer prior to January 1, 1992; or those
packages or packaging components with a code indicating date of
manufacture that were manufactured prior to January 1, 1992; or

2. Those packages or packaging components to which lead, cadmium,
mercury or hexavalent chromium have been added in the manufacturing,
forming, printing or distribution process in order to comply with health
or safety requirements of federal law or for which there is no
practicable alternative, as determined by the commissioner, provided
that the manufacturer of a package or packaging component must petition
the department for any exemption from the provisions of this title for a
particular package or packaging component based on either criterion;
provided further that the department may grant a two year exemption if
warranted by the circumstances; and provided further that such an
exemption may upon meeting either criterion of this subdivision be
renewed for two years; or

3. Packages and packaging components that exceed the maximum levels
set forth in subdivision three of section 37-0205 of this title only
because of the addition of post-consumer materials, provided that the
exemption for this subdivision shall expire on January 1, 1996.

4. Until January first, nineteen hundred ninety-four, any glass
container that is intended for reuse or refilling that uses pigments in
or on the container that exceed the maximum levels set forth in
subdivision three of section 37-0205 of this title.