In February 2021, the Toxics in Packaging Clearinghouse [TPCH] approved significant revisions to the Model Toxics in Packaging Legislation including:
- Restriction of sale of packaging and packaging materials containing phthalates greater than 100 parts per million or 0.01% by weight
- Prohibition on the sale of packaging and packaging materials containing intentionally added perfluoroalkyl and perfluoroalkyl substances [PFAS]
- Establishing criteria for the identification and classification of a list of chemicals of high concern in packaging
- Removal of the exemptions for date of manufacture, vitrified labels, reusable packaging with end-of-life recovery and higher limits for recycled content; while retaining the exemptions for when no feasible alternatives exist or where state regulations require the addition of heavy metals with approved exemptions.
A comprehensive summary of the TPCH requirements are:
Substances
Requirements
Lead, cadmium, mercury and chromium [VI]
sum of the concentration levels shall not exceed 100 parts per million by weight [0.01%]
Phthalates
sum of the concentration levels of phthalates incidentally present 100 parts per million by weight [0.01%]
Perfluoroalkyl and perfluoroalkyl substances
prohibited
TPCH was established by the Coalition of Northeastern Governors [CONEG] in 1992 to assist with the adoption of the CONEG-developed Model Toxics in Packaging Legislation. The model toxics in packaging legislation aims to reduce the presence of heavy metals and other harmful substances in disposable packaging and packaging waste materials. Since its development, 19 states have adopted legislation based on the model toxics in packaging legislation – California, Connecticut, Florida, Georgia, Illinois, Iowa, Maine, Maryland, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.
The final rule can be viewed at: //toxicsinpackaging.org/model-legislation/model/
For questions, please contact Laxmi Ravikumar [laxmi.ravikumar@intertek.com, +1-630-209-9265] or Pratik Ichhaporia [pratik.ichhaporia@intertek.com, +1-847-212-8273].
In 1992, the Coalition of Northeastern Governors [CONEG] established the Toxics in Packaging Clearinghouse [TPCH] to promote the Model Toxics in Packaging Legislation [Model Legislation], a piece of legislation that restricts the sum of four intentionally introduced heavy metals [lead, cadmium, mercury and chromium [VI]] to no more than 100 parts per million [ppm] in packaging and packaging components. Additionally, the legislation provides certain derogations to these restrictions and requires manufacturers/suppliers to provide a certificate of compliance [CoC] to packaging purchasers, and upon request, to state agencies and members of the public. This legislation has been adopted by 19 states across the United States [US] – California, Connecticut, Florida, Georgia, Illinois, Iowa, Maine, Maryland, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.
On February 16, 2021, the US TPCH issued an update to its Model Legislation. The revised Model Legislation contains, inter alia, several important changes. It:
- Expands the list of regulated chemicals to include [ortho] phthalates and perfluoroalkyl and polyfluoroalkyl substances [PFAS]
- Adds new processes and criteria for identifying and regulating additional chemicals of high concern in packaging
- Provides a new definition for ‘Post-consumer recycled material’
The revised Model Legislation became effective on February 16, 2021.
Highlights of the regulated chemicals in the revised Model Legislation are summarized in Table 1.
Toxics in Packaging Clearinghouse Model Legislation 2021 Update, February 16, 2021 SubstanceScopeRequirementEffective DateLead, cadmium, mercury and chromium [VI] Package or packaging component ≤ 100 ppm [sum] February 16, 2021* Phthalates ≤ 100 ppm [sum] PFAS Prohibited [Not detected] *Each state may adopt changes to its existing law or adopt a new law to address toxics in packaging.
Table 1
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