In February 2021, the Toxics in Packaging Clearinghouse (TPCH) announced the organization’s 2021 update to their Model Toxics in Packaging Legislation. The update includes the addition of the class of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and ortho-phthalates as regulated chemicals, as well as new processes and criteria for identifying and regulating additional chemicals of high concern in packaging. The followings are the highlights of the regulated chemicals in the revised Model Legislation:

1. The sum of concentration of lead, cadmium, mercury or hexavalent chromium in packaging and its components shall be less than 100 ppm (0.01%).

2. The limit of phthalate content in packaging and its components shall be less than 100 ppm (0.01%).

3. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) shall not be found in packaging or packaging components.

PFAS, Perfluoroalkyl and polyfluoroalkyl substances:

There shall be no detectable PFAS in any package or packaging component.

Phthalates:

The sum of the concentration levels of phthalates incidentally present in any package or packaging component shall not exceed 100 parts per million by weight (0.01%).

Effective Date:

This Act shall become effective immediately upon adoption. 

The previous (prior to 2021) TPCH Model Legislation and laws has been adopted by 19 states. It will be up to each state to adopt changes to their existing laws or adopt a new law to address toxics in packaging.

Note:

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
"Phthalates" or “ortho-phthalates” means all members of the class of organic chemicals that are esters of phthalic acid and that contain 2 carbon chains located in the ortho position.

About TPCH

The Toxics in Packaging Clearinghouse (TPCH) maintains the Model Toxics in Packaging Legislation and coordinates implementation of state legislation, based on the Model, on behalf of its member states, with the goal of promoting consistency across states. TPCH is a resource and single point of contact for companies seeking information on toxics in packaging requirements or an exemption.

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