Information for Manufacturers of Packaging or Packaging Components
As a manufacturer or supplier 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.
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.
Certificate of Compliance
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.
We may request copies of your Certificate(s) of Compliance, from you. If we request them, you must provide them to us within the timeframe in the request.
It is encumbent upon you, as the manufacturer or supplier of packaging, to ensure that your packaging complies with the Toxics in Packaging Prevention Act. Documentation that your packaging is within the limits of the law, through laboratory analysis, is needed. Your Certificate of Compliance is a self-certification that your company is compliant with the law.
A guidance document, Guidance on Laboratory Analysis for Toxics in Packaging, has been created by the Toxics In Packaging Clearinghouse, which contains helpful information on laboratory analysis of packaging.
Are there exemptions to the Toxics in Packaging Prevention Act?
Yes, there are exemptions to the law. But they are specific.
The following packaging is permanently exempt from the law:
The following exemptions have now expired (January 1, 2010) and MAY NO LONGER BE CLAIMED:
Please review the following Fact Sheet for more information on these requirements.
Also, the actual law can be read here: Toxics in Packaging Prevention Act
NOTE: 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:
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.