NJDEP has released a compliance alert regarding heavy metals within packaging materials.
This alert applies to any distributors distributing or selling packaged products and all manufacturers of packaging and packaging components being sold, offered for sale or offered for promotional purposes in New Jersey.
The following requirements apply:
1. No lead, cadmium, mercury and hexavalent chromium can be intentionally added to any packaging or packaging component(s).
2. Neither packaging nor packaging components such as ink or adhesives may contain more than a cumulative total of 100 ppm (0.01% by weight) of lead, cadmium, mercury and hexavalent chromium combined.
3. Create or maintain a Certificate of Compliance for all packaging and packaging components manufactured or distributed into commerce.
The underlying legislation, New Jersey Toxics in Packaging Reduction Act (N.J.S.A. 13:1E-99.44 et. seq.) has been in effect since 2017 and is aligned with the European Union Packaging Directive (94/62/EC Article 11). Similar requirements exist in fifteen (15) additional states.
More information regarding these requirements and the required Certificates of Compliance can be found here.
NJDEP Compliance Advisories can be accessed directly here.
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