In 1989, The Coalition of Northeastern Governors (CONEG) drafted model toxics legislation aimed at banning the use of lead, mercury, cadmium and hexavalent chromium in packaging and packaging inks used or sold within states which enact such legislation. CONEG model legislation provides that as soon as feasible, but not later than two years after the legislation is adopted, no manufacturer or distributor may offer for sale or promotional purposes any package or packaging component ,including printing inks used in packaging, (“ package”) that includes any lead, cadmium, mercury or hexavalent chromium which is intentionally introduced as an element. The legislation is aimed at metals intentionally introduced to a package rather than metals which are incidentally present in the package.  CONEG model legislation sets forth concentration levels for lead, cadmium, mercury and hexavalent chromium. Specifically, the sum of the concentration levels must not exceed 600 parts per million (“ppm”) by weight (0.06%) effective 2 years after the state adopts the legislation, 250 ppm by weight (0.025%) effective 3 years after the state adopts the legislation, and 100 ppm by weight (0.01%) effective 4 years after the state adopts the legislation.

However, the CONEG model legislation also provides exceptions to these concentration levels. First, a package is exempt from the model act’s requirements if it bears a code indicating that it was manufactured before the effective date of the legislation. Second, a package is exempt from the model act’s requirements if the lead, cadmium, mercury or hexavalent chromium was added to the package to comply with health or safety requirements of federal law or because there was no feasible alternative (i.e. the regulated substance is essential to the protection, safe handling or function of the package’s contents). In these circumstances, CONEG’s model act requires the manufacturer to petition the state for an exemption. The state may grant a two-year exemption if warranted by the circumstances and, in some cases, the exemption may be renewed for two years. Finally, CONEG’s legislation contains an exemption for packages that would not exceed the maximum contaminant levels set forth above but for the addition of post-consumer materials. This exemption expires six years after the state legislation is adopted.

CONEG’s model legislation also requires that as soon as feasible, but not later than two years after the act is adopted, manufacturers or suppliers of packages must furnish to purchasers a Certificate of Compliance. The certificate must set forth the specific basis upon which any exemption is claimed. The model act does not contain enforcement provisions, rather it requires that each state add its own provisions

The following states have adopted toxics legislation based on CONEG’s model: Connecticut, Florida, Georgia, Illinois, Iowa, Maine, Maryland, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin. Wisconsin’s law, entitled “Reduction of Toxics in Packaging,” is found at Wisconsin Statute section 100.285. With certain exceptions, it now prohibits the sale of a packaging with a total concentration of lead, cadmium, mercury plus hexavalent chromium that exceeds 100 ppm. The 100 ppm level took effect June 1, 1994. It was preceded by a limit of 600 ppm, effective June 1, 1992, and 250 ppm, effective June 1, 1993. Wisconsin’s restriction does not apply to packaging made from recycled materials until June 1, 1996. Moreover, the Wisconsin law does not contain a penalty provision.

Though less than half of the states have adopted CONEG-inspired toxics legislation, the number of states that have toxics legislation is large enough to affect the nationwide distribution of packaging. Moreover, several of the states that have toxics legislation are large and significantly influence practices elsewhere. Consequently, all manufactures of packaging materials and components, including printing inks, should be aware of CONEG requirements.

The European Union (EU)  Restriction of the Use of Certain Hazardous Substances (RoHS) Directive 2002/95/EC and  WEEE Directive 2002/96/EC places restrictions on materials and equipment containing cadmium,  lead, mercury, hexavalent chromium, Polybrominated biphenyls (PBB's) and Polybrominated diphenyl ethers (PBDE’s). As of July 1, 2006  materials and equipment placed on the market in the EU shall not contain these hazardous substances.

RoHS and WEEE establish limits for these substances. These regulations require a maximum concentration value of up to 0.1% by weight in homogenous materials for lead, mercury, hexavalent chromium, PBB and PBDE, and a maximum value of 0.01% by weight in homogenous materials for cadmium. Materials and equipment meeting these limits are considered, under these regulations, to meet the requirements for these hazardous substances.