A supplier means a person who does or is one or more of the following:

• Sells, offers for sale, or offers for promotional purposes, a package or packaging component that is used by any other person to package a product.
• Takes title to a package or packaging component, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
• Acts as an intermediary for the purchase of a package or packaging component for resale from a manufacturer located in another country to a purchaser located in this state, and who may receive a commission or a fee on that sale.
• Listed as the importer of record on a United States Customs Service form for an imported package or packaging component.

A purchaser means a person who purchases and takes title to a package or a packaging component, from a manufacturer or supplier, for the purposes of packaging a product manufactured, distributed, or sold by the purchaser.

A manufacturer or supplier of packaging or packaging components must provide a Certificate of Compliance to the purchaser of the packaging or packaging components stating that the packaging or packaging component is in compliance with the law.

Recycled materials are those materials generated by a business or a consumer that have been separated from solid waste for the purpose of recycling as a secondary material feedstock. For purposes of this law, recycled materials include paper, plastic, wood, glass or ceramics, metals such as steel, aluminum, stainless steel or copper, and other materials.

However, recycled materials under the Toxics in Packaging Prevention Act do not include the four regulated metals (lead, cadmium, hexavalent chromium and mercury) when the metals have been separated into their elemental or other chemical state for recycling as a secondary material feedstock.

For example, lead processed from used automotive batteries and intentionally added as a component to manufacture an ink pigment that is then used to print labels on packaging would not be a “recycled” material for the purposes of the law.

Manufacturing means the physical or chemical modification of a material to produce packaging or packaging component.

Intentional introduction means the act of deliberately utilizing a regulated metal in the formation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

“Incidental presence” means the presence of a regulated metal that is not intended to be a part of the final package or packaging component.

A packaging component means any individual assembled part of a package that is produced either domestically or in a foreign country, including, but not necessarily limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, dyes, pigments, adhesives, stabilizers, or any other additives.

A package means any container, produced either domestically or in a foreign country, providing a means of marketing, protecting, or handling a product, including a unity package, an intermediate package or a shipping container, as defined in the New Jersey Toxics in Packaging Reduction Act. A package also includes unsealed receptacles, including carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.

A Certificate of Compliance is a document that states that a package or packaging component does not contain any intentionally added cadmium, lead, mercury, or hexavalent chromium, nor does it contain any incidentally present quantities of these metals in excess of the allowable maximum concentrations. This Certificate of Compliance must be signed by an authorized official of the manufacturer or supplier.

Samples of Certificates of Compliance may be found at the

• Toxics in Packaging Clearinghouse website (TPCH)

No. The exemption applies only to recycled composite material such as plastic or paper, which might coincidentally contain a regulated metal but are being reprocessed for their primary material content, and not the four regulated metals or their compounds that have been separated or isolated from recycled materials. This includes pigments.

Manufacturers, suppliers and purchasers must keep it on file as long as the package or packaging component is in use. You must provide a copy of the certificate when requested by the Department of Environmental Protection.

If you are a manufacturer or supplier and are claiming an exemption, then you must provide a Certificate of Compliance to the Department of Environmental Protection stating the specific exemption and provide additional documentation listed in the Toxics in Packaging Prevention Act.

All packaging imported from outside the country into New Jersey must be in full compliance with the Toxics in Packaging Prevention Act law.

Determining whether you are a manufacturer, supplier, or purchaser is based on definitions in laws including the Toxics in Packaging Prevention Act. Please read these definitions. In some instances, you may be more than one type, depending on what you do with the packaging or packaging component.

“Manufacturer” means any person, firm, association, partnership, or corporation producing a package or packaging component.

“Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation.
“Person” also includes any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

“Purchaser” means a person who purchases and takes title to a package or a packaging component, from a manufacturer or supplier, for the purpose of packaging a product manufactured, distributed or sold by the purchaser.

“Supplier” means a person who does or is one or more of the following:

• Sells, offers for sale, or offers for promotional purposes, a package or packaging component that is used by any other person to package a product.
• Takes title to a package or packaging component, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
• Acts as an intermediary for the purchase of a package or packaging component for resale from a manufacturer located in another country to a purchaser located in this state, and who may receive a commission or a fee on that sale.
• Listed as the importer of record on a United States Customs Service form for an imported package or packaging component.

Note: “Supplier” does not include a person involved solely in delivering a package or packaging component on behalf of a third party.

If you have any questions, please contact us, or seek legal advice.