Information for Purchasers of Packaging

Packaging for consumer goods makes up a significant portion of waste going to the nation's municipal solid waste landfills.  Packaging that contains toxic substances can release toxins (poisonous substances) and contaminate the soil and groundwater surrounding the landfill.  To address this problem, the California Legislature passed the Toxics in Packaging Prevention Act.  In general, the new law bans selling or promoting packaging that contains one or more specified heavy metals:  lead, cadmium, mercury or hexavalent chromium, if metals have been intentionally introduced during manufacture or distribution.  For more details see the fact sheet, Preventing Toxic Substances in Packaging for Consumer Goods.  Related websites can be found at: Toxics in Packaging Clearinghouse (TPCH).

This page is designed to help you as a purchaser of packaging or packaging components to understand the law as it applies to you.

What is a purchaser?

As a purchaser of packaging, it is important that you understand your requirements under the Toxics in Packaging Prevention Act.

What is a Package? What is a Packaging Component?

• "Package" means any container, produced either domestically or in a foreign country, providing a means of marketing, protecting, or handling a product, including a unity package, an intermediate package or a shipping container, as defined in the ASTM specification D996. "Package" also includes unsealed receptacles, including carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
• "Packaging component" means any individual assembled part of a package that is produced either domestically or in a foreign country, including, but not necessarily limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, dyes, pigments,adhesives, stabilizers, or any other additives. Tin-plated steel that meets the ASTM specification A623 shall be considered as a single package component. Electrogalvanized coated steel and hot dipped coated galvanized steel that meet the ASTM qualifications A591, A653, A879, and A924 shall be treated in the same manner as tin-plated steel.

When you purchase packaging or packaging components, your supplier is to furnish you with a "Certificate of Compliance". If they do not, it is your responsibility to obtain this from your supplier. The certificate can be specific to the packaging or packaging components you order, or it can be "all encompassing", meaning that they certify all of their packaging and packaging components are in compliance with the law.

What Does a Certificate of Compliance Look Like?

Click here to see a sample Certificate of Compliance

What if they won't give me one?

Many manufacturers and suppliers just don't understand their obligation under California Law, especially if they are outside California. It doesn't matter if they are in California or not. If their packaging or packaging components are used to package a product sold or promoted in California, or the packaging or packaging components themselves are sold or promoted in California, then they must comply with the law. Many purchasers provide their suppliers with the sample Certificate of Compliance, and a copy of the law. Once they understand their obligation, almost all will provide it. If they still won't provide it, contact us. We will work with them to obtain the Certificate(s) of Compliance.

OK, I have the Certificates of Compliance. What do I do with them?

You need to keep them on file for as long as you use that packaging or packaging component. Companies can be inspected to ensure that they are following the law.

I still have questions. Who can I talk to or where can I send an e-mail?

If you have questions, please contact us! We are more than happy to assist you. You may call the following people:

• Ronald Ohta    (916) 324-5192
• Renee Roberts (916) 322-4819
• Renee Spears  (916) 324-8192 (Glass Bottle SB 774 questions)