TPCH

• Packaging and packaging components cannot intentionally introduce four heavy metals (Pb, Cd, Hg, Cr6+), and the combined concentration of these metals must not exceed 100 ppm.
• Since 2021, two additional categories of regulated chemicals have been introduced: ortho-phthalates and perfluoroalkyl and polyfluoroalkyl substances (PFAS).
• Packaging manufacturers and wholesalers are required to provide a Certificate of Compliance (COC) to packaging purchasers and retain it until the packaging is no longer in use.

• The total concentration of the four heavy metals (Pb, Cd, Hg, Cr⁶⁺) must not exceed 100 ppm.
• The total concentration of ortho phthalates must not exceed 100 ppm.
• Perfluoroalkyl and polyfluoroalkyl substances (PFAS) must be non detectable.

• Packaging or packaging components produced before the legislation came into effect.
• Exemption can be applied through the state agency in accordance with federal health and safety requirements, typically valid for two years, after which re-application is possible.
• If restricted heavy metals are necessary for protection, safe transportation, or protection of packaging contents, and no alternative methods exist.
• Recycled materials used in packaging or components may have total heavy metals exceeding 100 ppm but must be below 200 ppm. Regulations vary slightly by state. See TPCH official website Comparative Analysis of Packaging Law Provisions (toxicsinpackaging.org).
• For glass and ceramic packaging/components, using specified testing methods (ASTM C1606-4 & EPA SW 864 TCLP), Cd < 1 ppm, Cr6+ < 5 ppm, Pb < 5 ppm, Hg must not be intentionally used (only Connecticut and New Hampshire retain this exemption; other states have abolished it).

• Packaging purchasers must retain the COC until the packaging is no longer in use.
• Manufacturers or suppliers must keep a copy of the COC.
• If packaging or components are updated, manufacturers must provide an updated COC.
• Manufacturers or suppliers must authorize company personnel to sign the COC.
• Specify what information is requested for packaging and components.
• For public requests of COCs, manufacturers or suppliers must respond within 60 days.

TPCH released updates to harmful substances in packaging on February 16, 2021.

• Added perfluoroalkyl and polyfluoroalkyl substances (PFAS), which must not be detected in packaging.
• Added two regulated ortho-phthalates. The combined concentration in packaging must not exceed 100 ppm.

States handle penalties differently, for example:

For details, see the TPCH official website Comparative Analysis of Packaging Law Provisions (toxicsinpackaging.org)

• Exemptions for recycled materials vary by state. Avoid using exemptions to prevent violations in specific states.
• Ensure that disposable packaging used in shipping or packaging complies with the law unless it is certain the product will not be sold in states that have adopted the law.

• Testing of four heavy metals (Pb, Cd, Hg, Cr6+).
• PFAS testing solutions
• Ortho-phthalates testing