COMPLIANCE PACKAGING WITH SUBSTANCE RESTRICTIONS

In an increasingly regulated global market, businesses must prioritize compliance packaging with substance restrictions—not just to meet legal obligations but to demonstrate their commitment to sustainability, safety, and corporate social responsibility. From heavy metals to toxic inks, the chemicals in packaging face growing scrutiny worldwide. This article explores critical substance restrictions, key regional regulations, and actionable strategies to ensure your packaging meets evolving compliance standards while aligning with environmental goals.

What is Sustainable Packaging?

Sustainable packaging is designed to minimize environmental impact throughout its lifecycle—from production to disposal. Key characteristics include:

Biodegradability or compostability – Breaks down naturally without harming ecosystems.
Recyclability – Made from materials that can be reprocessed into new products.
Renewable materials – Sourced from responsibly managed resources (e.g., bamboo, recycled paper).
Minimalist design – Uses fewer materials and reduces waste.
Non-toxic inks & adhesives – Avoids harmful chemicals in printing and assembly.

Unlike conventional packaging (think plastic bubble wrap or Styrofoam), sustainable options prioritize long-term ecological health without sacrificing functionality.

Why is Compliance Packaging Important?

The environmental and business benefits of sustainable packaging are undeniable:

1. Reduces Environmental Footprint

Lowers carbon emissions from production and transportation.
Decreases reliance on fossil-fuel-based plastics.
Prevents pollution in landfills and oceans.

2. Meets Consumer Demand

A 2023 study showed 74% of consumers prefer eco-friendly packaging.
Brands that adopt sustainability often see improved customer loyalty.

3. Complies with Regulations

Governments worldwide are enforcing stricter packaging waste laws (e.g., EU Plastic Tax, U.S. state bans on single-use plastics).
Proactively switching avoids fines and future compliance headaches.

4. Cuts Costs in the Long Run

Lightweight materials reduce shipping expenses.
Recyclable designs can qualify for tax incentives.
Minimized material use = lower production costs over time.

Model Toxics in Compliance Packaging Legislation

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).

EU Packaging Compliance: Navigating 94/62/EC, 2018/852 & PPWR Substance Restrictions

The European Union’s packaging and packaging waste regulations play a central role in its transition toward a circular economy. Directive 94/62/EC, its 2018/852 amendment, and the Packaging and Packaging Waste Regulation (PPWR), effective February 11, 2025, govern packaging substance restrictions and waste management.

Key Compliance Requirements Substance-Restricted Packaging Compliance:

1. Management of Declarations of Conformity:

Importers and manufacturers collect and manage declarations of conformity from packaging suppliers. These documents confirm compliance with the EU’s stringent substance restrictions and environmental criteria.

2. Extended Producer Responsibility (EPR):

Importers and manufacturers of goods:

Register with national authorities in each Member State where they market their products.
Subscribe to a compliance scheme, which includes reporting packaging quantities placed in every Member State.
Finance the recycling and disposal of packaging waste, following national regulations and targets the PPWR sets.

3. Provisions in the PPWR:

The PPWR strengthens measures to reduce the environmental and health impacts of packaging waste. These measures include:

Waste reduction targets.
Restrictions on excessive packaging, particularly in e-commerce.
Improvements in recyclability increased recycled content and the elimination of harmful substances such as PFAS (per- and poly-fluoroalkyl substances).

4. Appointment of an Authorized Representative (AR):

Producers appoint an Authorized Representative (AR) to act on their behalf in the EU. One AR represents producers across all EU Member States. These AR obligations align with those for battery waste management but differ from WEEE (Waste Electrical and Electronic Equipment) regulations.

The PPWR harmonizes national regulations and ensures sustainable management of packaging and packaging waste across the EU.

Key Changes in the EU Packaging Regulation - Table 1:

Requirement Category	Deadline	Key Requirements
Heavy Metals Limits	Ongoing (unchanged from Directive 94/62/EC)	Max 100 ppm combined for: • Lead (Pb) • Cadmium (Cd) • Mercury (Hg) • Hexavalent chromium (Cr(VI)).
Declaration of Conformity (DoC)	Per placement on market	Must include: • Packaging ID + manufacturer details. • Applied EU standards/certifications. • Single DoC allowed for multi-regulation compliance.
Entry into Force & Application	February 11, 2025	Regulation enters into force.
	August 12, 2026	Regulation becomes applicable, repealing Directive 94/62/EC (except specific provisions).
Recyclability Requirements	January 1, 2030	All packaging must meet at least recyclability Grade C. Packaging must meet at least Grade B recyclability.
	January 1, 2038	Packaging must meet at least Grade B recyclability.
Recycled Content (Plastic Packaging)	By 2030:	- PET (contact-sensitive): 30% recycled content. - Other plastics (contact-sensitive): 10%. - Single-use plastic beverage bottles: 30%. - Other plastic packaging: 35%.
	By 2040:	- PET (contact-sensitive): 50%. - Other plastics (contact-sensitive): 25%. - Single-use plastic beverage bottles: 65%. - Other plastic packaging: 65%.

Deadlines to Consider - Table 2:

Requirement Category	Deadline	Key Requirements
Packaging Minimization	January 1, 2030	- Weight & volume must be minimized while ensuring functionality. - Max 50% empty space for grouped, transport, and e-commerce packaging.
Labeling Requirements	August 12, 2028	- Harmonized label indicating material composition. - Plastic packaging with recycled content must comply with labeling rules.
	February 12, 2029	- Reusable packaging must indicate reusability (e.g., via QR codes).
Restrictions on Packaging Formats	January 1, 2030	Ban on: - Shrink wrap for grouping goods. - Packaging for fresh F&V under 1.5 kg. - Single-use packaging for in-premises F&B consumption. - Single-serving condiments/sauces. - Small hospitality toiletries. - Very lightweight plastic carrier bags.

Other Changes - Table 3:

Requirement Category	Deadline	Key Requirements
Reuse & Refill Targets	January 1, 2030	- 100% reusable transport packaging (same company/same Member State). - 40% reusable other transport/e-commerce packaging. - 10% reusable grouped packaging. - 10% reusable beverage sales packaging.
Deposit & Return Systems	January 1, 2029	Member States must establish systems for: - Single-use plastic bottles (≤3L). - Single-use metal beverage containers (≤3L).
Substances of Concern (PFAS)	August 12, 2026	Food-contact packaging must not exceed: - 25 ppb (individual PFAS). - 250 ppb (sum of PFAS). - 50 ppm (total PFAS).
Declaration of Conformity & Documentation	Ongoing	- 10-year retention for reusable packaging. - 5-year retention for single-use packaging.

United States Toxics in Packaging

The toxics in packaging legislations in the US are:

TPCH Section 95G of the Revised Code of Washington.
The Model Legislation, USA Coalition of Northeastern Governments, known as CONEG.

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.

Additional Requirements to TPCH

In February 2021, the US updated the Model Toxics in Packaging Legislation. The legislation now includes the following substances:

Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS);
Ortho-Phthalates, (commonly known as phthalates).

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.

China Packaging National Standards

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.

Compliance Packaging with Substance Restrictions: How to be Toxics-Free?

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.:

The regulated metals – lead, mercury, cadmium, and hexavalent chromium – were not intentionally added to any package or packaging component during the manufacturing process;
The sum of the incidental concentration levels of lead, mercury, cadmium, and hexavalent chromium present in any package or package component does not exceed 100 parts per million by weight;
Adequate documentation is maintained for inspection upon request.

To do so, you can use the free EPEC Enviropass Product Environmental Compliance Form.

EPR Packaging Laws in the United States: What You Need to Know

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:

Join a Producer Responsibility Organization (PRO) to manage recycling and waste.
Report packaging data and pay fees based on packaging volume and sustainability.
Adopt eco-friendly packaging to reduce waste and minimize costs.

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.

Recycling Symbols on Packaging

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: 01 – Polyethylene terephthalate (PET) 02 – High-density polyethylene (HDPE) 03 – Polyvinyl chloride (PVC) 04 – Low-density polyethylene (LDPE) 05 – Polypropylene (PP) 06 – Polystyrene (PS)
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.