Information for Manufacturers of Packaging or Packaging Components

As a manufacturer of packaging and/or packaging components, you have the ultimate responsibility to ensure that your packaging conforms to the law regarding the limits of cadmium, lead, mercury, and hexavalent chromium allowed.
This law prohibits:

• The intentional introduction of cadmium, lead, mercury, or hexavalent chromium, and/or;
• The incidental presence of those metals above 100 parts per million (ppm) by weight. This is a combined weight of all of the above metals, not individually.

What does this mean for you, the manufacturer? This law is not limited to just California manufacturers or suppliers. If your packaging or packaging component is sold or promoted in California, even indirectly, your product cannot contain these metals if intentionally introduced into the packaging, and cannot have an amount greater than 100 ppm if incidentally introduced.

As a manufacturer or supplier, you must provide a Certificate of Compliance to purchasers of your packaging. We have a sample Certificate of Compliance on our site, here. This sample is not meant to be turned in to us in this form. Please remember to change the text to include your company name and address on the Certificate of Compliance, and have an authorized person from your company sign the Certificate of Compliance.

Are there exemptions to this?

Yes, there are exemptions to the law. But they are specific.

The following packaging is permanently exempt from the law:

1. Packaging marked with a code indicating a date of manufacture prior to January 1, 2006 (Health & Saf. Code, §25214.14(a)).
2. Packaging with metals added to meet federal and state health and safety requirements (Health & Saf. Code, §25214(b)).
3. Packaging with a regulated metal for which there is currently no feasible alternative ingredient to use (Health & Saf. Code 25214(d)).

The following packaging is temporarily exempt from the law:

1. Packaging that contains no intentionally introduced regulated metals but exceeds the concentration limit solely because of adding a recycled material (Health & Saf. Code 25214(c)).
2. Packaging that is reused and contains no intentionally introduced regulated metals but exceeds the applicable maximum concentration levels and the product is otherwise regulated (Health & Saf. Code 25214(e)).
3. Packaging that has a controlled distribution and reuse and contains no intentionally introduced regulated metals but exceeds the applicable maximum concentration levels (Health & Saf. Code 25214(f)).
4. Packaging that is a glass or ceramic package with a vitrified label (one that is applied with intense heat into or onto the package) (Health & Saf. Code 25214(g)). The packaging cannot exceed 1.0 ppm for cadmium, 5.0 ppm for hexavalent chromium, and 5.0 ppm for lead when tested using California’s hazardous waste testing procedures. Glass or ceramic packaging containing mercury is not eligible for this exemption.

After they expire, these exemptions will not be allowed. There are documentation requirements for these exemptions, which must be carefully followed.

Please review the following Fact Sheet for more information on these requirements.  

• Preventing Toxic Substances in Packaging for Consumer Goods.

 Also, the actual law can be read here: Toxics in Packaging Prevention Act

 If an exemption is claimed for any packaging or packaging component, then a copy of the Certificate of Compliance showing the basis for the exemption MUST be sent to DTSC, as well as to your purchasers. The address to send the Certificate of Compliance is:

Department of Toxic Substances Control
1001 I Street, MS-11A (Attention: TiP)
Sacramento, CA 95814

Note: The temporary exemption expires January 1, 2010.

There are documentation requirements for these exemptions, which must be carefully followed. Please review the following Fact Sheet for more information on these requirements.

Preventing Toxic Substances in Packaging for Consumer Goods

DTSC is currently evaluating compliance screening and confirmation techniques. A current study is underway which is comparing portable x-ray fluorescence (XRF) instrumentation to conventional analytical laboratory results. DTSC was a participant in the Toxics in Packaging Clearinghouse (TPCH) compliance screening project in which several random samples were screened using a portable XRF instrument. DTSC assisted with laboratory analyses of selected samples.

As a result of the TPCH project, DTSC is undertaking an evaluation of conventional analytical techniques to determine appropriate sample preparation methods to verify compliance. DTSC will be comparing analyte concentrations from samples prepared by different techniques such as traditional hot plate/acid digestion (EPA Method 3050B) and microwave digestion (EPA Method 3052). These same samples will also be screened using XRF instrumentation. DTSC hopes to accomplish two goals from this study: 1) Evaluate the effectiveness of using XRF as a screening tool, and 2) Evaluate the appropriate sample preparation and test method to confirm compliance.

Calendar of Events for Manufacturers

Please look here in the future for training on Toxic in Packaging and how it applies to you, the manufacturer.