Toxics in Packaging law
In 1991, the Washington State Legislature passed the Toxics in Packaging law (Chapter 70A.222 RCW). As of 2018, this law prohibits the manufacture, sale, or distribution in Washington of:
- Packaging that contains certain levels of lead, mercury, cadmium, or hexavalent chromium.
- Food packaging that contains PFAS (per- and polyfluoroalkyl substances).
Manufacturers must develop and keep certificates of compliance (COCs) on file for all products that fall under this law.
What’s the purpose of this law?
This law was initially part of a larger solid waste reduction bill. Packaging makes up a high percentage of solid waste. Products that contain toxic chemicals, particularly lead, mercury, cadmium, and hexavalent chromium can:
- Release into the air when incinerated.
- Leach into soil or water when placed in landfills.
- Increase health and environmental risks.
Due to growing concerns about PFAS, the PFAS in food packaging restriction was later added (RCW 70A.222.070).
What types of packaging does this law restrict?
No package or packaging component (RCW 70A.222.010) may contain intentionally added lead, cadmium, mercury, or hexavalent chromium with concentrations that exceed a sum of 100 parts per million (ppm) by weight.
Food packaging with any amount of intentionally added PFAS is also restricted. Go to our PFAS in Food Packaging webpage for more information.
Certificates of compliance (COCs)
Toxics in Packaging COC
Fill out the Toxics in Packaging COC if you manufacture products that meet the definition of a package or packaging component (RCW 70A.222.010).
Food packaging COC
If you manufacture products that meet the definition of a food package (RCW 70A.222.010), go to our PFAS in Food Packaging webpage for more information.
Keep COCs on file for:
- As long as the product is in use.
- 3 years after the product’s last sale or distribution.
- New or updated formulations.
COCs must be provided if requested. We developed these COCs for your convenience. If you create your own, ensure it meets the criteria for COCs (RCW 70A.222.040).