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Established in 1992, TPCH (Toxics in Packaging Clearinghouse) is mainly responsible for promoting the ‘Model Toxics in Packaging Legislation’ in the United States, and to support and coordinate the implementation of the regulation.  

The current TPCH Model Legislation and laws enacted in 19 states prohibit the intentional use of hazardous substances such as cadmium, lead, mercury, and hexavalent chromium in any finished package or packaging component. The laws also limit the total incidental concentration of the four metals to 100 ppm.

On July 9, 2020, TPCH released the draft ‘Toxics in Packaging Clearinghouse Model Legislation Update 2020’, and requests comments from the public. The overview of the revisions are as follows:

Revisions Details
  1. Add definition of ‘post-consumer recycled material’
  2. Revise definition of ‘intentional introduction’ to clarify that use of post-consumer recycled material with regulated substances content constitutes ‘incidental presence’
Regulated substances
  1. Add perfluoroalkyl and polyfluoroalkyl substances (PFAS) and phthalates bans for all packaging, effective 2 years after enactment
  2. Restricted requirements: not detectable for PFAS, and the phthalates may be present up to 100 ppm incidental presence 

Remove the below exemptions:

  1. Exemption on ‘Packaging with a code indicates the manufacture date is prior to the effective date’
  2. Exemption on ‘Vitrified labels testing criteria’
  3. Exemption on ‘Reusable packaging in closed loop system’
  4. Exemption on ‘Packaging with excessive heavy metal content due to the use of recycled materials
Add criteria for new toxic chemicals

Properties of Packaging Chemicals of High Concern:

  1. A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor
  2. Persistent, bio-accumulative and toxic
  3. Very persistent and very bio-accumulative
  4. And there is strong credible scientific evidence that the chemical meets one or more of the following additional criteria:
  • The chemical has been found in human tissues or fluids
  • The chemical has been found present in or added to a packaging
Add processes to phase out new toxic chemicals

The main legal mechanisms are as follows:

  1. State agency may prohibit by rule
  2. State agency may recommend prohibition to Legislature

The consultation period of this draft ends on August 24, 2020, and the Act shall become effective immediately upon adoption. Since the electrical and electronic industry has a huge demand for packaging, and the implementation of this new Act will have a significant impact.

SGS recommends electrical and electronic and relevant packaging enterprises to take measures accordingly in order to comply with the latest requirements.


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To obtain a copy in PDF format, please click here!