Editor’s note: The New York State Legislature is currently considering “The Packaging Reduction and Recycling Infrastructure Act,” which would require that printers discontinue the use of carbon black-based packaging inks in the next two years. As carbon black is the main pigment for black inks, this has the potential to disrupt the entire ink and printing industry. It is a curious decision considering there hasn’t been any federal action on carbon black inks. George Fuchs, director – regulatory affairs and technology for NAPIM (National Association of Printing Ink Manufacturing), offers his thoughts on this legislation.


Ink World: What is the idea behind New York’s legislation, “The Packaging Reduction and Recycling Infrastructure Act,” which would place carbon black on a list of toxic substances that could not be contained in packages and labels?

George Fuchs: The goal of the proposed legislation appears to be twofold: first, to reduce packaging of all types; and second, encourage improved designs and process for the New York state recycling infrastructure.


Ink World: Is New York also looking to ban carbon black from other applications, or is it just packaging?

George Fuchs: To date the carbon black proposed ban appears only to apply to packaging of all types.


Ink World: Carbon black provides the black ink for newspapers and publications. Is that also targeted here?

George Fuchs: This proposed legislation is focused solely on packaging. Magazines, newspaper, etc. are not in the scope of the legislation.


Ink World: Carbon black has been deemed non-hazardous by the EPA and OSHA. So, this is all about recycling?

George Fuchs: As the rationale behind the ban on carbon black in the legislation is not explained, my surmise is that the legislature has mistakenly assumed that carbon black has the same human health hazards as carbon black in a dry, powder form. This is incorrect. We have also heard anecdotally that dark surfaces (e.g. black, etc.) may interfere with some types of the recycle input stream sorting processes.


Ink World: The ink industry has been working diligently to create inks that can be recycled, including water-washable inks. Are recyclables/water-washable black inks either available or under development?

George Fuchs: My understanding is that these types of inks are available from some ink manufacturers for some types of packaging applications.


Ink World: There aren’t many packages that don’t have black ink on them. Even barcodes use black ink. How do the legislators figure to get around this?

George Fuchs: Correct. But also remember that 4 color (CMYK) process printing is the predominant print process. The black component (K) of the process set is, in almost all cases, produced with a carbon black-based pigment.


Ink World: If other states don’t have legislation to ban carbon black-based inks, then packaging still comes into New York and its recycling stream. Is it correct to note that this law impacts just New York printers? Not only from other states but offshore as well.

George Fuchs: The initial impact would be to New York state printers. However, it would not be unreasonable to assume that national and global brands would try to produce packaging that meets all state requirements.


Ink World: We’ve seen states reaching for new regulatory limits in spite of federal standards. How much more difficult does this make for manufacturers?

George Fuchs: State specific limits, restrictions and bans such as this one enormously complicate formulation and compliance efforts for ink manufactures and other players in the packaging supply chain.


Ink World: Is there anything you would like to add?

George Fuchs: Development of effective legislation requires expert, technical input from all affected parties. When the federal government develops legislation of this type, input from all affected parties is actively encouraged and carefully reviewed. The sponsors of this legislation appear uninterested in listening to and understanding the impacts of this legislation. Also, it is important to understand that packaging of all types provides very substantial human health, product preservation and safety benefits.