NERC in the News
PetSmart Agrees to Pay Fine in Settlement Over Toxic Metal Allegation
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Nashua Telegraph; February 9, 2012
By Patrick Meighan
Staff Writer
CONCORD – PetSmart, Inc., has agreed to pay $15,000 in a settlement with the N.H. Attorney General.
The state has alleged that PetSmart, which has a store in Nashua, sold products in packaging containing levels of cadmium exceeding state regulatory limits.
Under the settlement, PetSmart didn’t admit liability for the alleged violation, but agreed to pay the $15,000 settlement to the state, according to the A.G.’s office.
Half the money is paid as a penalty and the remainder will be used to further enforcement of laws prohibiting toxic metals in packaging material, the A.G.’s office said.
In addition, PetSmart will implement internal measures to ensure that no further violations occur, including measures to ensure that Certificates of Compliance are submitted on time to the state, according to the A.G.
PetSmart operates five retail stores in New Hampshire. The Nashua store is at 213 D.W. Highway.
Manufacturers sometimes use lead, cadmium and other substances in packaging to increase flexibility or to protect products from ultra-violet rays, according to the A.G.
These substances may pose no threat to those handling the packaging, the A.G. said. However, when the packaging material is discarded in landfills or incinerators, toxic metals can enter the environment and pose a risk to health and safety, the A.G. said.
State law requires manufacturers and suppliers to provide a Certificate of Compliance with respect to packaging material within 60 days of a request. The state currently coordinates its implementation of the law with 10 other states through the Toxics in Packaging Clearinghouse (“TPCH”). [TPCH is administered by the Northeast Recycling Council, Inc.]
Copies of the settlement agreement between the State and PetSmart are available upon request.
For more information on New Hampshire’s toxics in packaging program, contact Sharon Yergeau, Solid Waste Compliance Assurance Section, at (603) 271-2906.
