Toxics in Packaging Prevention Act

Purpose

• The purpose of the Toxics in Packaging Prevention Act is to limit the amount of several toxic metals in product packaging. These metals include mercury, lead, cadmium and hexavalent chromium. By preventing these heavy metals from being used in product packaging, California officials hope to keep them from becoming hazards to the environment or human health when consumers discard or recycle packaging. The law applies only to metals that were intentionally introduced into the product during manufacturing or distribution. The regulated metals must not exceed 100 parts per million if they do occur in the packaging material.

Materials Covered

• The Toxics in Packaging Prevention Act affects any packaging component on any product sold in California, regardless of where the packaging was produced or distributed or sold. Packaging materials affected include recycled materials used in the production of new packaging, cardboard used to ship laptop computers, plastic clamshell containers that hold produce and other products and plastic wrapping used for food.

Exemptions

• Several exemptions to the act were allowed until January 1, 2010. They include packaging that is date-coded as being manufactured before January 1, 2006; packaging that includes one of the regulated metals in order to comply with a federal or state health and safety regulation; packaging that unintentionally contains one of the regulated metals if the metals are due to the use of recycled materials, or if the control and reuse of the product is controlled; packaging that is glass or ceramic and has a heat-applied label, unless the glass or ceramic used contains mercury; and packaging that contains one of the regulated metals and for which no feasible alternative exists.

Enforcement

• Enforcement of the Toxics in Packaging Prevention Act is the responsibility of the California Department of Toxic Substances Control. Packaging suppliers and manufacturers must self-certify in writing that their packaging complies with the act. The Department of Toxic Substances Control conducts inspections and records reviews to enforce the act, and the public can also contact the department to report violations. Administrative or civil penalties can be brought against manufacturers or producers who do not comply with the act.