MODESTO (AP) — California’s Department of Toxic Substances Control says it is suing a glass company for violating recycling laws after it added hazardous waste dust to wine bottles made at its Modesto plant.

The department said Monday Gallo Glass Co. failed to legally recycle the hazardous dust containing lead, arsenic, cadmium and selenium, all byproducts of bottle making.

The complaint alleges the company did not comply with requirements for legitimate recycling, failed to demonstrate that its practices qualify as recycling under California law and improperly stored a large volume of hazardous waste dust.

The department says it has no evidence that consuming wine stored in those bottles poses a health threat.

The company says it uses environmentally-friendly sustainable practices and that the lawsuit has no merit.