PFAS Added to Updated Toxics in Packaging Legislation

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Updated Toxics in Packaging Legislation Advertisement ARTICLE BY Advertisement Adds PFAS and Phthalates Packaging Law at Keller and Heckman Monday, March 1, 2021 TRENDING LEGAL ANALYSIS Keller and Heckman LLP The Toxics in Packaging Clearinghouse (TPCH) revised its Model Toxics in Packaging Packaging Law Blog at Keller and Heckman Microsoft Urges Customers to Patch Exchange Server “Zero Day” Vulnerabilities Legislation in February 2021. The revised model legislation includes per- and polyfluoroalkyl By Robinson & Cole LLP substances (PFAS) and phthalates as regulated chemicals, and establishes new processes for BIPA And Article III Standing: Where Are We Now? identifying additional packaging chemicals of high concern. The model legislation has no legal By Squire Patton Boggs (US) LLP effect, but the prior version of the model legislation was enacted – in some form – in 19 states. Hearings on the SolarWinds Hack and Possible Policy Responses By Mintz By way of background, the TPCH was created by the Coalition of Northeastern Governors (CONEG) to promote the Model Toxics in Packaging Legislation. Prior to the recent update, the Collaterally Estopped: Do Not Re-Examine the Same Issues model legislation prohibited the sale or distribution of packages and packaging components to Administrative & Regulatory By McDermott Will & Emery which lead, cadmium, mercury, or hexavalent chromium have been intentionally introduced at Biotech, Food, Drug Environmental, Energy & Resources more than an incidental presence. The model legislation limits the sum of lead, cadmium, Patchwork of Pay Transparency Laws Continues to Evolve All Federal By Jackson Lewis P.C. mercury, and hexavalent chromium that is incidentally present in packages and packaging PRINTER-FRIENDLY components to 100 parts per million (ppm) by weight. EMAIL THIS ARTICLE Virginia Has a New Data Privacy Law By Robinson & Cole LLP In 2016, members of the TPCH began discussing the possibility of expanding the list of DOWNLOAD PDF substances regulated under the model legislation and developing criteria for identifying new REPRINTS & PERMISSIONS packaging chemicals that should be regulated. In June 2020, the TPHC introduced a draft update to the model legislation that, among other things, added PFAS and phthalates as regulated

chemicals. In responding to the public’s comments on the draft revised model legislation, Tweet Like 5 the TPCH noted that it had looked to the recent legislative changes in the State of Maine when adding to the model legislation a means of identifying other packaging chemicals of high Advertisement By using the website, you agree to our use of cookies to analyze website traffic and improve your experienceAdvertisement on concern. (For more information see, Maine Identifies Food Contact Chemicals of High our website. Learn more. Advertisement X Concern.)

The revised model legislation prohibits manufacturers, suppliers, and distributors from offering for sale or promotional purposes packages or packaging components to which phthalates have been intentionally added, subject to a limit on the incidental presence of phthalates of 100 ppm. The model legislation also prohibits the sale or distribution of a package or packaging component to which PFAS has been intentionally introduced. Even more stringent than the phthalate standard, PFAS must be non-detectable in the package or packaging component. The revised model legislation also includes that substitute materials for the substances regulated by the model legislation may not be used “in a quantity or manner that creates a hazard as great or greater than the hazard created by the chemical regulated by this Act.”

The revised model legislation establishes new criteria for identifying additional packaging chemicals of high concern, including credible scientific evidence that the chemical is the following:

A carcinogen, a reproductive or developmental toxicant, or an endocrine disruptor;

Persistent, bioaccumulative, and toxic (PBT), or very persistent and very bioaccumulative (vPvB), persistent mobile and toxic (PTM), or very persistent and very mobile (vPvM).

The chemical must also meet one of more of the following additional criteria: https://www.natlawreview.com/article/updated-toxics-packaging-legislation-adds-pfas-and-phthalates[3/4/2021 1:59:04 PM] PFAS Added to Updated Toxics in Packaging Legislation It has been found through biomonitoring studies to be present in human bodily tissues or fluids;

It has been found through sampling and analysis to be present in packaging;

It has been added to or is present in a package;

Now that the revised model legislation has been finalized, it will be at the discretion of each state whether to adopt the revised model legislation through their own legislation initiatives.

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ABOUT THIS AUTHOR Advertisement Advertisement Packaging Law at Keller and Heckman PackagingLaw.com is the premier online resource for the global packaging industry. It provides a wide range of information on laws and regulations—both in the U.S. and other countries throughout the world—that affect packages and packaging materials. PackagingLaw.com features news articles on current issues affecting the packaging industry, in-depth features, an Ask an Attorney section, links to packaging industry and government websites, and detailed information on the U.S. Food and Drug Administration (FDA) Food Contact Notification system. ...

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