Vol. 1229 | 05 Mar 2021

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:



Lead, cadmium, mercury and chromium (VI)

sum of the concentration levels shall not exceed 100 parts per million by weight (0.01%)


sum of the concentration levels of phthalates incidentally present 100 parts per million by weight (0.01%)

Perfluoroalkyl and perfluoroalkyl substances


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: https://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).


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