On July 9, 2020, the Toxicsin Packaging Clearinghouse (TPCH) in the United States released a statement soliciting opinions on its updated draft of the Toxicsin Packaging Model Legislation. The draft includes adding PFAS and phthalates as new controlled substances, while proposing some new processes for verifying high-risk chemicals in packaging materials.

The Toxic Substances Control Regulations for Packaging Materials developed by TPCH in the United States have come into effect in 19 states, prohibiting the use of lead, cadmium, mercury, and hexavalent chromium in packaging materials, and limiting the total amount of these four metals to less than 100ppm. This requirement is consistent with the EU Packaging Waste Directive 94/62/EC. This regulation takes measures to prevent pollution, prohibits intentional use, places the primary responsibility for compliance on the supply chain, and requires manufacturers and suppliers to verify that the products they manufacture, sell, and use comply with regulatory requirements. The main content of this update is as follows:

01 Definition Update (sec. 3)

Added the definition of 'post consumer recycled materials'.

The definition of "intentional addition" has been revised to clarify the "accidental occurrence" caused by the use of materials after consumption.

02 Add controlled new substances (Section 4)

For all packaging, restrictive requirements have been added for perfluorinated or polyfluoroalkyl compounds (PFAS) and phthalates, which will take effect two years after the regulation is officially implemented.

The restrictive requirements are: PFAS should not be detected, and phthalates should not exceed 100ppm.

03 Delete the following exemption clause (sec. 5)

Exemption for packaging or packaging components marked with a production date that is before the effective date of the regulation.

Exemption regarding "glass and ceramic packaging or packaging components that contain vitrified labels and are produced and tested according to specific standards".

Exemption for "Reusable Packaging in Closed Loop Systems". Regarding the exemption of "exceeding heavy metal standards due to the use of recycled materials".

04 Add standards for evaluating new toxic chemicals (sec. 6)

Properties of highly concerned chemicals in packaging:

(1) Carcinogens, reproductive or developmental toxins, endocrine disruptors

(2) Persistent, Bioaccumulation, and Toxicity (PBT)

(3) High persistence, high bioaccumulation (vPvB)

And there is reliable scientific evidence to prove that the chemical substance satisfies one of the following:

(1) This chemical substance has been proven through biological research to exist in human blood, breast milk, urine, or other body tissues or fluids.

(2) This chemical substance is indeed present in the packaging through sampling and analysis.

05 Add a process for phasing out new toxic chemicals (sec. 6)

The use is prohibited by national regulations.

The state organs suggest to the legislative body to prohibit the use.

The public solicitation period for this opinion is 45 days, with a deadline of August 24, 2020. After the bill takes effect, it will impose new restrictions on packaging materials exported to the US market, posing new challenges to compliance and product quality for companies engaged in the production, use, and sale of packaging materials. Yike Testing will closely monitor regulatory developments and work with enterprises to respond to new regulatory requirements.