Toxics in Packaging Laws
Toxics in Packaging Laws are state statutes based on model legislation drafted in 1989 for the Coalition of Northeastern Governors that limit lead, mercury, cadmium and hexavalent chromium in packaging and packaging components.
What it requires
In the 19 states that adopted the model, the four heavy metals may not be intentionally added to any package or component, and their incidental total may not exceed 100 parts per million. Manufacturers and suppliers must provide certificates of compliance on request. The Toxics in Packaging Clearinghouse updated the model in 2021 to ban intentionally added PFAS and limit ortho-phthalates, and several states have separately banned PFAS in food packaging or other packaging.
Why it matters
Toxics in packaging laws apply to the packaging a fulfillment operation adds, not just to product packaging. Shipping boxes, mailers, inks, tapes and labels sold into adopting states must meet the 100 ppm heavy metals limit, and buyers are expected to hold supplier certificates. For example, a 3PL sourcing low-cost printed mailers from an overseas supplier should get a certificate of compliance covering heavy metals and PFAS, since a state regulator can ask the brand or seller for it.
Related laws
Sources
- Toxics in Packaging Clearinghouse: Model legislation toxicsinpackaging.org
- NEWMOA: Toxics in Packaging Clearinghouse program newmoa.org
Not legal advice.