TPCH to Update Model Legislation For Hazardous Substances in Packaging

1. Add definition of ‘post-consumer recycled material’
2. Revise definition of ‘intentional introduction’ to clarify that use of post-consumer recycled material with regulated substances content constitutes ‘incidental presence’

1. Add perfluoroalkyl and polyfluoroalkyl substances (PFAS) and phthalates bans for all packaging, effective 2 years after enactment
2. Restricted requirements: not detectable for PFAS, and the phthalates may be present up to 100 ppm incidental presence 

Remove the below exemptions:

1. Exemption on ‘Packaging with a code indicates the manufacture date is prior to the effective date’
2. Exemption on ‘Vitrified labels testing criteria’
3. Exemption on ‘Reusable packaging in closed loop system’
4. Exemption on ‘Packaging with excessive heavy metal content due to the use of recycled materials

Properties of Packaging Chemicals of High Concern:

1. A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor
2. Persistent, bio-accumulative and toxic
3. Very persistent and very bio-accumulative
4. And there is strong credible scientific evidence that the chemical meets one or more of the following additional criteria:

• The chemical has been found in human tissues or fluids
• The chemical has been found present in or added to a packaging

The main legal mechanisms are as follows:

1. State agency may prohibit by rule
2. State agency may recommend prohibition to Legislature