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Guidelines for TPCH 2021 Model Legislative Update Release
Author.
LCS
Source:
Post time:
2023-11-30
In February 2021, the Toxics in Packaging Clearinghouse (TPCH) announced the organization's 2021 update to its Model Toxics in Packaging Legislation. The updates at that time will include the addition of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and ortho phthalates as regulated chemicals, as well as new processes and standards for identifying and regulating other highly concerned chemicals in packaging.
Due to the large number of newly added two types of substances, companies lack clear guidelines in compliance enforcement, and the recently released "Guidelines" in November 2023 will help alleviate this situation.
The TPCH 2021 Demonstration Legislative Update guide provides compliance and analysis methods for PFAS substances required by legislation, recommends testing methods for phthalates, and provides a batch of lists. At the same time, it puts forward some requirements and suggestions for production, sales, and compliance stakeholders. Specifically, as follows:
1、 For perfluoroalkyl and perfluoroalkyl substances (PFAS)
1) Suggested compliance methods
a) Consult the manufacturer or supplier if they have ever intended to add PFAS substances
b) Disclosure of raw materials
√ Require suppliers to disclose all materials
When full material disclosure is not feasible, suppliers are required to disclose at least whether they intentionally added PFAS chemicals
√ Seeking third-party certification for materials
2) Analysis
a) Total fluoride content measurement
√ Compliance presumption: If the total fluorine content of the product is less than 100ppm and the production meets the quality control standards, it can be basically inferred that the production has not intentionally added PFAS, and it can be considered to meet the packaging limits of each state.
√ It is recommended to confirm the following matters with the supplier while meeting compliance assumptions:
There is no intentional addition
Identify unintentional sources of PFAS in order to attempt to reduce or eliminate these sources
When the product contains fluorine, it can be proven that it comes from inorganic fluorine (non PFAS).
b) Although total fluoride (TF) or total organic fluoride (TOF) levels below 100 ppm are often considered by laboratories and standard organizations as not intentionally adding PFAS to food packaging. However, as long as fluorine is detected, even if the content is below 100ppm, the manufacturer should confirm with their supplier that they have not intentionally added PFAS.
c) With the development of science and advances in cognition, the thresholds mentioned in the above information may be modified.
2、 Ortho phthalates belong to semi volatile organic compounds.
For packaging materials, it is recommended to use SW 846 method 8270 or EPA method 3541 for testing. The Guide lists a series of phthalates commonly measured using the above methods:
3、 To Do Items for Manufacturers, Brands, and Retailers in Fulfilling Compliance Responsibilities
1) Require all suppliers to provide compliance certificates for all packaging materials and their components in any contract or bidding specification.
2) Inquire about the standards used to determine compliance.
3) If there is a change in the material formula of the supplier, the information needs to be updated.
4) Prepare your own compliance certificate information based on your packaging supply chain and designate an appropriate authorized signatory.
5) Maintain records indefinitely according to your risk management policy.
4、 To-do list for packaging material formulators and suppliers
1) Identify controlled substances in your chemical formula or provided chemical raw materials.
2) Identify controlled chemicals or pollutants that may be added during the production process.
3) Test baseline information for regulated chemicals or pollutants.
4) Require all suppliers to provide compliance certificates for all packaging materials and their components in any contract or bidding specification.
5) Inquire about the standards used to determine compliance.
6) If there is a change in the material formula of the supplier, the information needs to be updated.
7) Prepare your own compliance certificate information based on your packaging supply chain and designate an appropriate authorized signatory.
8) Maintain records indefinitely according to your risk management policy.
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