Due to the heavy concentration of metals that they may contain, compliance of packing should be tested and assessed against substance restrictions such as the following chemicals:
This Model Legislation first appeared in 1989 and was known as the Coalition of Northeastern Governors (CONEG) legislation. Overall, their main objective was to reduce the presence of these four heavy metals and their compounds in packaging and its components. Thus, they intended for all the US states to adopt this legislation. However, only 19 adopted it as of 2021. These are the 19 member states of the Toxics in Packaging Clearinghouse (TPCH).
The Model Legislation also took hold in the EU where, for example, the packaging and packaging waste Directive 94/62/EC was instated.
Generally, the requirements for these regulations are to prohibit the intentional use of the four metals in any amount. Additionally, any incidental use of these metals cannot surpass a cumulative sum of 100 ppm by weight (0.01% w/w).
Specifically, for the EU, the packaging and packaging waste Directive 94/62/EC and its 2018/852 amendment require the management of declarations of conformity collected from packaging suppliers.
Further, in virtue of the extended producer’s responsibility (EPR), importers or manufacturers of goods must:
Finally, producers may have to appoint an Authorized Representative (AR). Fortunately, only one packaging AR is sufficient to represent producers in the EU. Whereas AR obligations are similar to battery waste management, they differ from WEEE obligations.
The toxics in packaging legislations in the US are:
These laws diverge in the allowable exemptions they allow and the enforcement of their requirements. However, state laws are always precedent over the original Model Legislation.
In February 2021, the US updated the Model Toxics in Packaging Legislation. The legislation now includes the following substances:
Additionally, they introduced new criteria and processes for regulating and identifying other concerning chemicals in packaging.
Each state will need to adopt these changes within its local laws or issue a new regulation addressing toxic substances in packaging.
GB/T 16716 Packaging and the environment is a Chinese national standard related to packaging and pollution prevention. Initially implemented in 2008, the standard aims to reduce environmental impacts by regulating packaging materials, their design, production, utilization, and disposal. According to the standard, the combined amount of lead, cadmium, mercury, and hexavalent chromium in packaging and packaging materials should not exceed 100 mg/kg. Furthermore, the standard outlines strict labeling requirements, ensuring that information about packaging composition, recyclability, and environmental impact is communicated to consumers.
Notably, China has similar standards for packaging used in various applications. For instance, GB 43352-2023 limits heavy metals used in express and mail packaging made of paper, plastic, and textile fibers.
We recommend you contact your supply chain and verify whether it meets the strictest obligations in terms of heavy metals limit in packages, i.e.:
To do so, you can use the free EPEC Enviropass Product Environmental Compliance Form.
With increasing concerns about packaging waste, several states in the U.S. have introduced Extended Producer Responsibility (EPR) packaging laws. These laws aim to hold producers responsible for the entire lifecycle of their packaging, from production to disposal. The goal? To reduce packaging waste, promote recycling, and relieve local governments of the financial burden of managing waste.
Under EPR laws, producers must:
These laws are currently in place in California, Colorado, Maine, Minnesota, and Oregon. While each state has a unique approach, they share the goal of reducing waste and increasing recycling rates. For example, California’s Senate Bill 54 aims to recycle 65% of single-use plastics by 2032, and Colorado’s House Bill 22-1355 mandates that producers fund a statewide recycling program.
By complying with these laws, businesses can avoid penalties, reduce environmental impact, and benefit from a more sustainable brand image.
If you’re unsure of your compliance obligations or need help navigating these regulations, Enviropass can provide expert guidance and support.
Packaging should have recycling symbols. The recycling marking discloses whether the packaging is recyclable and provides information about the packaging materials. The table below summarizes different recycling markings used for various types of materials.
Material Name | Recycling Marking | Description |
|---|---|---|
Paper | Applicable to products such as paper boxes, paper crates, and molded pulp forms. May be labeled as “Paper” on the lower portion of the marking. | |
Plastic | The recycling symbol contains a code identifying the material used. Examples are:
| |
Aluminum | May be labeled as “Aluminum” on the lower portion of the marking. | |
Iron | May be labeled as “Iron” on the lower portion of the marking. |
Notably, countries around the world may require additional recycling symbols and information. For instance, France uses the Triman logo along with product recycling.
Other obligations, like EU REACH on Substances of Very High Concern (SVHC) and Permanent Organic Pollutants (POP), also apply to packages. You can use the EPEC form to cover all Packaging, REACH, TSCA-PBT, California Proposition 65, and POP requirements.
Ask Enviropass to perform compliance assessments for the packaging you use on your behalf, whether it is about labeling, technical documentation maintenance, or simply following up with suppliers.
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