Are Glass Containers Subject to Toxics in Packaging Legislation?
Are the glass containers/ jars of filled candles considered packaging and subject to TPCH requirements?
By way of background, the Toxics in Packaging Clearinghouse (TPCH) was created to promote the Model Toxics in Packaging Legislation developed by the Coalition of Northeastern Governors (CONEG) and to support states in their implementation of toxics in packaging laws. Nineteen states have laws based on, or similar to, the CONEG model. In general, these laws: (1) prohibit the intentional addition of these four heavy metals in packaging and packaging components; and (2) limit the sum of incidentally introduced lead, mercury, cadmium, and hexavalent chromium to 100 ppm by weight.
In response to your question, a glass container filled with a candle would be considered a product and not a package and, therefore, not subject to the CONEG requirements. The Q&A section of TPCH's website includes the question, "Are mugs, steins, tumblers, vases and similar items subject to the law when holding candy, beverages, flowers or other products?" The answer begins with, "In cases where the items are manufactured as products (e.g., decorative mugs) and only incidentally hold other items during final distribution to the end user, the product is not considered a package." Specific conditions that need to be met are included in the response. However, depending on the nature of the product, it could be subject to state lead limits. We recommend that you consult legal counsel to help determine the legal obligations for your specific product.