Hazardous Waste > Green Chemistry > Toxics in Packaging

Toxics in Packaging

Overview

Based on national model legislation, Washington State adopted Toxics in Packaging legislation in 1991. The law limits levels of lead, mercury, cadmium, and hexavalent chromium used in product packaging to no more than 100 parts per million by weight for the total concentration of all four metals. Manufacturers and suppliers are responsible for providing a “certificate of compliance” that their packaging meets the requirements of the law.

Packages containing metals is at Chapter 70.95G in the Revised Code of Washington (Link is to the Code Reviser's Office.)

National/states cooperation

The Toxics in Packaging Clearinghouse (TPCH) was formed in 1992 to promote model Toxics in Packaging Legislation.

The Washington Department of Ecology (Ecology) became a member of the TPCH in 2008, based on growing concerns around the use of toxic chemicals in consumer products and the increased emphasis Ecology was placing on this issue. Nineteen states have toxics-in-packaging laws, now. Ten states are currently members of the TPCH. Nine states have similar legislation but are not currently members. 

The Toxics in Packaging Clearinghouse:

• coordinates activities among the member states.
• provides model legislation for states considering adopting similar legislation.
• responds to questions from businesses.
• offers additional resources, particularly in the areas of package testing, information sharing, and enforcement.

In 2006, the TPCH received a grant from the United States Environmental Protection Agency (EPA) to test packages for compliance and to increase awareness among businesses and suppliers about toxics in packaging.

Projects & Publications offers TPCH reports that include results of testing using EPA grant funding.

Enforcement efforts

Enforcement varies by state and is not part of the model legislation maintained by the TPCH. States can ask manufacturers and suppliers to provide certificates of compliance. Some states levy monetary penalties for non-compliance. Washington does not have the authority to levy penalties, but it does have the authority to ban the sale of a product in Washington that does not comply with the legislation if a "certificate of compliance" is not provided when requested.

Certificates of Compliance forms are available on the TPCH Web site.

Toxics in Packaging is part of Ecology’s broader efforts to address toxics in consumer products. With the passage of the Children’s Safe Product Act in 2008, Ecology is increasing its efforts to reduce the amount of toxic chemicals used in consumer products and to make consumers more aware of safer alternatives.

Related information

Packages containing metals is at Chapter 70.95G in the Revised Code of Washington

The Toxics in Packaging Clearinghouse (TPCH) was formed in 1992 to promote the Model Toxics in Packaging Legislation.

Test Methods for metals in packaging from the TPCH