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.

The following exemption shall be removed:

1. Date of package manufacture
2. Vitrified labels testing criteria
3. Reusable packaging in closed loop system with end of life recovery
4. State option for higher metals content due to recycled materials

A list of packaging chemical of high concern will be published and reviewed periodically by the state administrative agency.

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:

1. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
2. "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.

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