2021 Update to TPCH Model Legislation
TPCH 2021 Model Legislation Update
In February 2021, the Toxics in Packaging Clearinghouse (TPCH) announced the organization’s 2021 update to their Model Toxics in Packaging Legislation. The previous version of the Model (as revised in 2012) can be found here. The 2021 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 previous (prior to 2021) TPCH Model Legislation and laws enacted in 19 states prohibit the intentional use of cadmium, lead, mercury, and hexavalent chromium in any finished package or packaging component. The laws also limit the total incidental concentration of the four metals to 100 ppm. Incidental concentration may result from the use of post-consumer recycled content to manufacture new packaging and components. The laws take a pollution prevention approach by prohibiting intentional use, and they place the primary burden of compliance on the supply chain by requiring manufacturers and suppliers to verify that their products are in compliance.
It will be up to each state to adopt changes to their existing laws or adopt a new law to address toxics in packaging.
In June 2020, the Toxics in Packaging Clearinghouse (TPCH) announced it was seeking comments on the organization’s draft update to their Toxics in Packaging Model Legislation. The update includes the addition of PFAS and phthalates as regulated chemicals, as well as new processes for identifying additional chemicals of high concern in packaging.
Public Comments Received
The Toxics in Packaging Clearinghouse (TPCH) thanks everyone that submitted comments to the draft Model Legislation Update.