FDA Decision on Safety of Reusable Shopping Bags
And
Lead (Pb) in Reusable Shopping Bags Update
November 29, 2010
I. Reusable shopping bags do not pose a food safety hazard
Update (No food safety hazard)
FDA has notified us that it does not view the use of reusable shopping bags as a food safety hazard.
Based on FDA’s study and analysis of the intended use of these bags and levels of lead found in some
bags, there is “little or no likelihood” of a food safety hazard. Using procedures similar to those used by
FDA to assess the safety of glazed pottery and food contact surfaces, FDA’s Office of Food Additive
Safety found there is little, if any, transfer of lead and have determined that the use of reusable shopping
bags does not constitute a food safety hazard.
Background
A concern was raised, first initiated by a consumer activist in New York, about the environmental impact
that could result from the disposal of certain reusable shopping bags that tested positive for lead (Pb).
The voluntary Model Toxics in Packaging Legislation, which has adopted as law in 19 states (see below
for the list of states) sets standards for heavy metals in packaging materials. The goal of this activist
group is to have this Model become Federal law.
Although this began as an environmental issue, a question was raised about the possibility that this could
also be a food safety concern. FDA, charged with responding to this concern, has concluded that the use
of reusable shopping bags does not present a food safety hazard.
II. Model Toxics in Packaging Legislation
Update (Potential Environmental Impact)
In those states that have adopted the Model Toxics in Packaging Legislation (see below for more details),
there may still be a concern regarding the environmental impact of reusable shopping bags. Because the
Toxics in Packaging Legislation is a model, states can adopt it with modifications and apply their own
interpretation to the definitions.
Whether a reusable grocery shopping bag meets the definition of “packaging” is a matter of interpretation
and you should check with the regulatory authority for clarification. In making this determination, the
following should be considered:

Although the term ”bag” is included in the Model’s definition of packaging, some states have
interpreted “packaging” to refer to that material which becomes waste after the package is
opened or used, or for that material which is intended for single use packaging and then
disposed. Because the shopping bags are reusable, they do not become waste after the products
are removed, or after a single use, and therefore are not packaging material under the Model.
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
The Model includes several exemptions, although states vary as to which exemptions they have
adopted and how they are interpreted. One of the exemptions includes (in part), “…packages
and packaging components that are reused but exceed contaminant levels … provided that the
product being conveyed by such package and\or the package\packaging component is (are)
regulated under Federal and\or State health or safety requirements…” (The complete wording in
the Model exemption is inserted below) Because FDA has determined there is no food safety
hazard to the products being conveyed in the shopping bags, they may qualify under this
exemption.

The Model is intended to reduce the amount of packaging materials entering into solid waste and
therefore, allowing the use of reusable shopping bags, even those containing lead, has the
desired effect and will gradually lower the presence of heavy metals caused by single-use
packaging.

The food retail industry is committed to reducing harmful chemicals in the environment and will
continue to work with manufacturers and suppliers to further reduce the occurrence of lead in
packaging materials and reusable shopping bags.
Model Toxics in Packaging Legislation
The Toxics in Packaging Clearinghouse (TPCH) was formed in 1992 to promote the adoption of the
Model Toxics in Packaging Legislation. It is intended to reduce the amount of heavy metals in packaging
and packaging components that are sold or distributed throughout the United States.
The Model attempts to reduce the presence of 4 specific heavy metals: mercury, lead, cadmium and
hexavalent chromium in packaging. By lowering the amount of these compounds in packaging materials,
it is hoped that the amount of heavy metals entering municipal solid waste and, ultimately, landfills and
incinerators will be reduced. A reduction of these metals as waste will gradually lower their presence in
the environment. Link to Model Toxics in Packaging Legislation:
http://www.toxicsinpackaging.org/index.html
The Model Toxics in Packaging Legislation has been adopted in the following states: California,
Connecticut, Florida, Georgia, Illinois, Iowa, Maryland, Maine, Minnesota, Missouri, New Hampshire, New
Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.
Exemptions: Section 5 (e.)
e. packages and packaging components that are reused but exceed contaminant levels set forth in
subsection c of Section 4 of this Act, provided that the product being conveyed by such package and\or
the package\packaging component is (are) regulated under Federal and\or State health or safety
requirements; and provided that transportation of such packaged product is regulated under Federal
and\or State transportation requirements, and provided that disposal of such package is performed
according to Federal and\or State radioactive or hazardous waste disposal requirements, and provided
that the manufacturer or distributor of the packages and packaging components notifies the [State
Administrative Agency] of the applicability of an exemption under this subparagraph to its packages and
packaging components, and provided that an exemption under this subparagraph shall expire on January
1, 2020
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III. Consumer Products Safety Commission (CPSC)
The Consumer Products Safety Commission establishes lead standards for safety reasons. According to
FDA, the reusable shopping bags do not present a food safety risk.
CPSC has a lead standard for products designed or intended primarily for children 12 years of age or
under. The standard, as per CPSIA section 101(a) states:
As of “August 14, 2009, products designed or intended primarily for children 12 and younger cannot
contain more than 300 ppm of lead. The limit goes down to 100 ppm …on August 14, 2011, unless the
Commission determines that it is not technologically feasible to have this lower limit.”
There is no CPSC standard for products intended for general use (other than products such as leadbased paints used in homes, on furniture, etc.).
Based on our discussion with CPSC, we believe that these bags do not meet the criteria for products
intended for use by children 12 and under and are for general use. However, bags that have designs that
are intended to specifically appeal to children 12 and under may meet the criteria for products intended
for children. If that is the case, then the limits above would apply.
IV. Recommendations
Retailers should consider working with their suppliers/manufacturers of reusable shopping bags to assess
the lead levels in the bags and work toward lowering levels where possible.
Check with your state to determine if they have any laws regarding environmental lead levels for
packaging or if they have adopted the Toxics in Packaging Legislation. Work with states to clarify the
difference between packaging and reusable bags intended for conveyance, and to encourage the use of
reusable bags by exempting them from the Model.