Due to the heavy concentration of metals that they may contain, packages of your finished products should be tested and assessed against packaging substance restrictions of the following chemicals:
This Model Legislation first appeared in 1989 and was known as the Coalition of Northeastern Governors (CONEG) legislation. Reducing the presence of these four heavy metals and their compounds within the packaging and their components was the main objective. This legislation was intended to be adopted by all the US states, only 19 of which did as of 2021. These are the 19 member states of the Toxics in Packaging Clearinghouse (TPCH). The Model Legislation also took hold in the EU where, for example, the packaging and packaging waste Directive 94/62/EC was instated.
Common requirements for these regulations are to prohibit the intentional use of the four metals, in any amount. Additionally, any incidental use of these metals cannot surpass a cumulative sum of 100 ppm by weight (0.01% w/w).
For the European Union, the packaging and packaging waste Directive 94/62/EC specifically requires the management of declarations of conformity collected from packaging suppliers.
Further, in virtue of the extended producer’s responsibility (EPR), importers or manufacturers of goods must:
Finally, producers may have to appoint an Authorized Representative (AR). Fortunately, only one packaging AR is sufficient to represent producers in the EU. Whereas AR obligations are similar to battery waste management, they differ from WEEE obligations.
The toxics in packaging legislations in the US are:
Where these laws diverge is in the allowable exemptions they allow and the enforcement of their requirements. However, state laws are always precedent over the original Model Legislation.
As of February 2021, an update was issued to the Model Toxics in Packaging Legislation. The legislation now includes the following substances:
As well as new criteria and processes for regulating and identifying additional concerning chemicals in packaging.
Each state will need to adopt these changes within its own laws or issue a new law addressing toxics in packaging.
It is recommended to contact your supply chain and verify whether the most strict obligations are met in terms of heavy metals limit in packages, i.e:
To do so, you can use the free EPEC Enviropass Product Environmental Compliance Form.
Other obligations, like REACH on Substances of Very High Concern (SVHC) and Permanent Organic Pollutants (POP), also apply to packages. You can use the EPEC form to cover all Packaging, REACH, TSCA-PBT, California Proposition 65, and POP requirements.
Ask Enviropass to perform compliance assessments on your behalf for the packaging you use, whether it is about labeling, technical documentation maintenance or simply following up with suppliers.
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