US TPCH Proposes to Strengthen Model Legislation on Toxics in Packaging

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 July 9, 2020, TPCH announced a draft update to its ‘Model Legislation’. In addition to maintaining the regulated four heavy metals, the proposal contains several important provisions for packaging and packaging components:

• Prohibiting intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS)
• Restricting intentionally added ortho-phthalates (commonly known as phthalates) to no more than 100 ppm (0.01%)
• Laying down the criteria for the identification and prohibition of packaging chemicals of high concern 

Comments on the draft update will be accepted until August 24, 2020.

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