Resources

Regulatory Compliance

Pipeline Packaging complies with all relevant international, federal, state and local regulations pertaining to the packaging of hazardous materials, waste reduction & sustainability, toxins and compatibility as well as labeling.

Please review, below, some of the more common regulations that impact the packaging industry. Technical Disclaimer: The statements, technical information and recommendations contained herein are believed to be accurate as of the date hereof. Since the conditions and methods of use of the information referred to herein are beyond our control, Pipeline Packaging or Cleveland Steel Container expressly disclaims any and all liability as to any results obtained or arising from any use of or reliance on such information.

NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN.

Hazardous Materials (HAZMAT)

Code of Federal Regulation (CFR), Title 49 (Transportation: Part 171 & Part 172)

CFR is a collection of general and permanent rules published in the Federal Register by the Executive departments and agencies of the U.S. Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title (i.e. Transportation) is divided into chapters which usually bear the name of the issuing agency.

Packaging and transportation of hazardous materials is regulated by Title 49 of the CFR. These two sections address the packaging requirements to transport each specific hazardous chemical by land, sea or air.

  • Other Regulated Materials for Domestic transportation only
    ORM-D is a marking for mail or shipping in the United States that identifies regulated hazardous materials for domestic transport only. Packages bearing this mark contain hazardous material in a limited quantity that presents a limited hazard during transportation, due to its form, quantity, and packaging.

The Code of Federal Regulations (CFR) Title 49 Part 171 & 172 defines a Consumer Commodity and those items with exceptions provided in the 172.101 table, of limited quantity, and conforming to the definition of “Consumer Commodity” may be marked and sent ORM-D. There are weight and volume restrictions for all ORM-D packages which vary by hazard class.

International Air Transportation Authority (IATA)

IATA is an international trade body, created over 60 years ago by a group of airlines. Today, IATA represents some 240 airlines comprising 84% of total air traffic. The organization also represents, leads and serves the airline industry in general. IATA publishes a list of regulations and documents designed to ensure the safe transportation of dangerous goods.

International Civil Aviation Organization (ICAO)

A specialized agency of the United Nations, the International Civil Aviation Organization (ICAO) was created in 1944 to promote the safe and orderly development of international civil aviation throughout the world. It sets standards and regulations necessary for aviation safety, security, efficiency and regularity, as well as for aviation environmental protection. The Organization serves as the forum for cooperation in all fields of civil aviation among its 191 Member States. ICAO works in conjunction with IATA to publish a list of regulations and documents designed to ensure the safe transportation of dangerous goods.

Waste Reduction & Sustainability

European Parliament and Council : Directive 94/62/EC (and amendments 2004/12/EC & 2005/20/EC)

This Directive is aimed at limiting the production of packaging waste and promoting recycling, re-use and other forms of waste recovery within Europe. Final waste landfill disposal should be considered as a last resort solution. This Directive covers all packaging waste, whether it is used or released at industrial, commercial, office, shop, service, household or any other level, regardless of the material used.

The Member States must introduce systems for the return and/or collection of used packaging to attain the following targets:

1) At least 60% of packaging waste is recovered or incinerated for energy recovery.
2) At least 55 – 80% of all packaging waste to be recycled.
3) Achieve packaging recycling rates as per the following (by weight):

  • 60% for glass
  • 60% for paper and paperboard
  • 50% for metals
  • 22.5% for plastics
  • 15% for wood

The packaging shall indicate the nature of the materials used for the packaging in order to facilitate identification and classification. The marking must be attached to the actual packaging or on its label. It must be clearly visible and legible.

CalRecycles (formerly known as the CIWMB; State of California only)

Title 14, Natural Resource—Division 7, Chapter 4. Resource Conservation Programs (Article 3. Rigid Plastic Packaging Container Program; Sections 17942 – 17949)

California state law requires that product, container, and resin manufacturers, as well as distributors, importers must follow these laws whose purpose is to reduce plastic from the solid waste stream. Most any products must meet one of the four guidelines below within 12 months of being introduced for sale into the California marketplace.

The container (or average of several container types) must meet one of the five criteria:

1) Be made of a minimum of 25% post-consumer resin (PCR).
2-4) Be recycled, reused or refilled at a rate of at least 45%.
5) Reduce the total weight of plastic in a container at least 10% over a period of the first twelve months the product is for sale in California.

A company does not need to submit any Article 3 certification paperwork before their products are introduced into the California market. CalRecycle will request information from product manufacturers at random, or base on product type, company size or information that a company may not be in compliance.

Product manufacturers are to archive their compliance information for at least four years. Typical non-compliance penalties range from $5,000 to $50,000 but will not exceed $100,000 per year. In addition, manufacturers may be subject to a maximum $50,000 civil penalty per violation. Misleading or false claims may lead to fraud prosecution by the Attorney General’s office with maximum fines of $100,000.

Toxins & Compatibility

Coalition of Northeastern Governors (CONEG)

CONEG drafted model toxics legislation in 1989 aimed at banning the use of lead, mercury, cadium and hexavalent chromium in packaging and packaging inks used or sold within states that have enacted the legislation (currently CT, FL, IL, IA, MN, MD, MN, MS, NH, NJ, NY, PA, RI, VT, VA, WA and WI).

Manufactures or suppliers of packaging must furnish a Certificate of Compliance. The model act does not contain enforcement provisions, rather it requires that each state add its own provisions. Product manufactures or suppliers are responsible to maintain independent, third-party test result documentation on file.

Restriction of the Use of Certain Hazardous Substances (RoHS)

European Parliament and Council Directive 2004/12/EC is a measure designed to manage packaging and packaging waste in Europe. Its goals are to harmonize legislation that reduce the environmental impact of packaging while considering the international market place to avoid obstacles to trade and the restriction of competition within the Community.

A key goal is to reduce or eliminate the presence of heavy metals in the ash when incinerated or the leachate when packaging is land filled. Specific guidelines are laid out in Article 11 of the amended Directive 94/62/EC. Product manufactures or suppliers are responsible to maintain independent, third-party test result documentation on file.

Labeling

Federal Trade Commission (FTC)

The Fair Packaging and Labeling Act (FPLA or FPL Act) directs the Federal Trade Commission and the Food and Drug Administration to issue regulations requiring that all “consumer commodities” be labeled to disclose net contents, identity of commodity, and name and place of business of the product’s manufacturer, packer, or distributor. The Act authorizes additional regulations where necessary to prevent consumer deception (or to facilitate value comparisons) with respect to descriptions of ingredients, slack fill of packages, use of “cents-off” or lower price labeling, or characterization of package sizes.

The FPLA requires each package of household “consumer commodities” that is included in the coverage of the FPLA to bear a label on which there is:

1) A statement identifying the commodity, e.g., detergent, sponges, etc.;
2) The name and place of business of the manufacturer, packer, or distributor;
3) The net quantity of contents in terms of weight, measure, or numerical count (measurement must be in both metric and inch/pound units).

U.S. Food and Drug Administration (FDA or USFDA)

An agency of the United States Department of Health and Human Services, one of the United States federal executive departments. The FDA is responsible for protecting and promoting public health through the regulation and supervision of food safety, tobacco products and pharmaceutical drugs.

The FDA has specific rules and guidelines regarding the labeling of consumer products including the following:

National Institute of Standards and Technology (NIST)

National Institute of Standards and Technology (NIST) is a measurement standards laboratory which is a non-regulatory agency of the United States Department of Commerce. The institute’s official mission is to promote U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology.

NIST publishes the Uniform Packaging and Labeling Regulation that identifies specific criteria (i.e. placement, font size, etc.) for consumer and non-consumer type products.

People at the Core of Regulatory Packaging

With 25+ years of experience, we understand that people make products, services, companies and brands successful. Let our proactive approach, timely communication and genuine concern for your success be a part of a winning strategy for you and your company.

Contact us today with your packaging regulatory compliance inquiries.