Fact Sheet, January 2008 Toxics in Packaging Information for…

Fact Sheet, January 2008



Toxics in Packaging
Information for Purchasers of Packaging




INTRODUCTION
The Department of Toxic Substances Control (DTSC) prepared this fact sheet for
purchasers of packaging and packaging components to describe the laws and
requirements intended to reduce and eliminate heavy metals in packaging and
packaging components. This new approach addresses the pollution problem at the
source rather than regulating a material when it becomes a waste. This fact sheet will
introduce you to the requirements and outline exemptions in the law and the required
reporting. You should consult the actual statutes to be sure that you are in
compliance.
DTSC is charged with enforcing the requirements of the law that are found in the
Health and Safety Code, division 20, chapter 6.5, article 10.4 (beginning with Section
25214.11), also known as the Toxics in Packaging Prevention Act.
As a purchaser, you have specific responsibilities to ensure that the packaging and
packaging components you use in packaging your products conform to California
law. This fact sheet is a brief introduction to the Toxics in Packaging Prevention Act,
and how it applies to you.


PACKAGING AND PACKAGING COMPONENTS
Beginning on January 1, 2006, it became unlawful to produce, sell, or promote
packaging or packaging components that contain cadmium, lead, mercury, or
hexavalent chromium, if these metals were intentionally introduced during
manufacture or distribution. In addition, this law limits the incidental presence of
these regulated metals to not more than 100 parts per million (ppm) by weight.
The law also sets out various exemptions from these requirements.
    Some definitions:                                      As a purchaser of packaging or packaging
                                                           components, if your supplier does not
    A package means any container, produced either         automatically provide you with Certificates of
    domestically or in a foreign country, providing a      Compliance for those items you purchase from
    means of marketing, protecting, or handling a          them, then you must request them.
    product, including a unity package, an
    intermediate package, or a shipping container, as      You are required to retain Certificates of
    defined in the ASTM specification D996.                Compliance for each package or packaging
    "Package" also includes unsealed receptacles,          component while it is being used by your
    including carrying cases, crates, cups, pails, rigid   company. DTSC may request these from
    foil and other trays, wrappers and wrapping            purchasers at any time, in order to show that the
    films, bags, and tubs.                                 packaging or packaging component used by a
                                                           purchaser is in compliance with the law. If we
    A packaging component means any individual             request these from you, then you must provide
    assembled part of a package that is produced           them to us.
    either domestically or in a foreign country,
    including, but not necessarily limited to, any         EXEMPTIONS
    interior or exterior blocking, bracing, cushioning,
    weatherproofing, exterior strapping, coatings,         There are some exemptions to this law, but they
    closures, inks, labels, dyes, pigments, adhesives,     are very specific. For example, packaging
    stabilizers, or any other additives. Tin-plated        manufactured prior to January 1, 2006 is exempt.
    steel that meets the ASTM specification A623           This can be determined by the manufacturing
    shall be considered as a single package                date code on many products. You must retain
    component. Electrogalvanized coated steel and          documentation certifying that the packaging or
    hot dipped coated galvanized steel that meet the       packaging component is exempt as long as the
    ASTM qualifications A591, A653, A879, and              packaging or packaging component is in use.
    A924 shall be treated in the same manner as tin-       Another possible exemption is where there is no
    plated steel.                                          feasible alternative. Details on the requirements
                                                           and documentation required are provided in
    Packaging includes packages and packaging              Health & Safety Code Section 25214.15. The
    components.                                            manufacturer or supplier of the product has a
                                                           responsibility to provide this certification of
    Intentional introduction means the act of              exemption to DTSC automatically.
    deliberately utilizing a regulated metal in the
    formation of a package or packaging component          For a list of other exemptions, please refer to
    where its continued presence is desired in the         Health & Safety Code Section 25214.14. A copy
    final package or packaging component to provide        of this law is available on our website (See
    a specific characteristic, appearance, or quality.     location below).

    Incidental presence means the presence of a            FOR MORE INFORMATION
    regulated metal as an unintended or undesired
    ingredient of a package or packaging component.         Please read our more encompassing fact sheet,
                                                           "Preventing Toxic Substances In Packaging
    Manufacturers are required to provide certificates     For Consumer Goods" Fact Sheet at:
    of compliance to the purchaser of the packaging        http://www.dtsc.ca.gov/HazardousWaste/Mercur
    or packaging component stating that the package        y/upload/HWMP_FS_Toxics-Packaging.pdf.
    or packaging component is in compliance with
                                                           We also have a website to assist you:
    the requirements of this law. Health & Safety
                                                           http://www.dtsc.ca.gov/ToxicsInPackaging. You
    Code Section 25214.16 sets out the required
                                                           can also reach us by telephone, (916) 322-4819,
    contents for this certificate.
                                                           or by sending email to tipinfo@dtsc.ca.gov.

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