On July 9, 2020, the U.S. Toxics in Packaging Clearinghouse (TPCH) website issued a public statement to solicit public opinions on its updated draft of the Toxics in Packaging Model Legislation. The draft involves the perfluorinated or polyfluoroalkyl substances (PFAS) and the phthalates as controlled substances, and defines some new processes for verifying high-risk chemicals in packaging materials. The time limit for public opinions on the draft is 45 days, with a deadline of 11:00pm U.S. Eastern Standard Time on August 24, 2020.
After the bill comes into effect, it will create new limits on packaging materials exported to the U.S. Market, bringing new challenges to compliance and quality to enterprises that produce, use and sell packaging materials.
Up to now, the Toxics in Packaging Model Legislation formulated by TPCH has come into effect in 19 states in the United States, used to prohibit the lead, cadmium, mercury and hexavalent chromium from introducing into packaging materials and to limit the total amount of these four metals (lead+ cadmium + mercury + hexavalent chromium) to less than 100ppm (100mg/Kg). This requirement is consistent with EU's Packaging Waste Directive 94/62/EC.
The Legislation takes measures to prevent pollution, prohibits intentional use, mainly focuses on the compliance to the supply chain, and requires manufacturers and suppliers to verify that the products they manufacture, sell and use meet the requirements of the Legislation.
(*Picture Source: TPCH official website)
The main updates are as follows:
1. The update of definitions (sec.3)
△The definition of "post-consumer recycled materials" has been added.
△The definition of "intentional addition" has been revised to clarify the "accidental occurrence" caused by the use of the post-consumer materials.
2. New substances added to the control (sec.4)
△Control the use of perfluorinated or polyfluoroalkyl substances (PFAS) and the phthalates in all packaging material, which will come into effect two years after the official implementation of the Legislation.
△The restrictive requirements are: The PFAS shall not be detected, and the phthalates shall not exceed 100ppm.
3. The deletion of the following exemption clauses (sec.5)
△The exemption from "packaging or packaging components marked with production date that is prior to the effective date of the Legislation".
△The exemption from "glass and ceramic packaging or packaging components that contain vitrified labels and are produced and tested in accordance with specific standards".
△The exemption from "repetitively applicable packaging in closed-loop system".
△The exemption from "excessive heavy metals due to the use of recycled materials".
4. Criteria added for assessing new toxic chemicals (sec.6)
The nature of the chemicals is highly concerned in the packaging material, and there is a reliable scientific basis to prove that the chemical meets the following requirements:
(1) It is known to play a role in development/health.
(2) The persistence, bioaccumulation and toxicity (PBT), and the very persistence and very bioaccumulation (vPvB), see (Substances in Table R.11-1 of ECHA).
(3) The biological monitoring proves that it exists in human blood and organs.
(4) It is for packaging materials.
5. Criteria added for eliminating new toxic chemicals (sec.6)
△State organs have prohibited its use.
△State organs propose to the legislature to prohibit its use.
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