Sacramento, Calif.—The California Attorney General’s Office has filed a complaint against Gallo Glass Co., on behalf of the state Department of Toxic Substances Control, DTSC, which alleges the glass supplier used hazardous waste in the making of wine bottles at its Modesto, Calif. factory.

According to a statement released by the DTSC, Gallo collected dust contaminated with lead, arsenic, cadmium and selenium with equipment to prevent air pollution and then incorporated that dust into materials used to form molten glass that was shaped into bottles. The DTSC states it has no evidence consuming wine stored in the bottles poses a health threat. The DTSC discovered the reported violations during inspections at Gallo’s facility in 2009 and 2011.

The state agency alleges Gallo improperly recycled and stored the waste material and also failed to notify it of several fires at the facility between 2006 and 2011. DTSC is demanding Gallo pay an unspecified amount of penalties.