Section 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.