Recently, the Washington State Department of Ecology (DoE) submitted to the legislature a second alternatives assessment for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging. Materials such as polylactic acid coating and polylactic acid foam will replace paper (plant fiber) materials for five specific applications - bags and packaging sleeves, bowls, flat tableware (items such as plates and trays), open-top containers (items such as french fry boxes and food cups), and closed containers (such as disposable lunch boxes with lids), and the addition of PFAS to the above five categories of food packaging will be banned in May 2024.
In 2018, the Governor of Washington State signed ESHB 2658 to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging. According to the definition of the Act, food packaging here means "packaging or packaging components that come into direct contact with food, consisting primarily of paper, cardboard, or other plant fiber materials".
The bill calls for the bill to ban the sale, manufacture and distribution of food packaging containing PFAS by January 1, 2022, if the Washington State Department of Ecology (DoE) can find a safer alternative by January 1, 2020. If a suitable alternative is not found, the Washington State Department of Ecology must review and report on alternatives to PFAS annually until an available alternative is found and submitted to the Legislature, and the ban will take effect two years after the alternatives report is submitted.
In February 2021, DoE submits to the legislature the first batch of alternatives to PFAS for four specific applications - food boxes, pizza boxes, dinner plates, outer wraps and liner paper. The four types of paper food packaging listed above with PFAS added will be banned in February 2023.
Introduction to the US PFAS ban by state
PFAS is a series of synthetic organic fluorides, which are commonly used in the manufacture of anti-fouling, anti-water and anti-grease products due to their special physical and chemical properties.
PFAS are environmentally persistent, long-range transportable and bioaccumulative, and are known as "permanent chemicals". In addition, some long-chain PFAS are carcinogenic, teratogenic and immunotoxic, causing liver toxicity, lipid metabolism and immune and endocrine system disorders. Due to the wide range of applications, PFASs have been enriched by the food chain, endangering all aspects of human life.
Currently, several U.S. states have taken action to restrict or ban the widespread use of PFAS in food packaging.
01 Washington State Ban
In 2018, the Governor of Washington State signed ESHB 2658 to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging.
In February 2021, DOE submits to the legislature the first alternatives to PFAS for four specific applications - outer wrapping and liner paper, dinner plates, food boxes and pizza boxes. The above four types of food packaging with PFAS added will be banned in February 2023.
In May 2022, DOE submits to the legislature a second batch of alternatives to PFAS for five specific applications - bags and packaging sleeves, bowls, flatware (items such as plates and trays), open-top containers (items such as French fry boxes and food cups), and closed containers (such as disposable lunch boxes with lids). The five categories of food packaging listed above with PFAS added will be banned in May 2024.
02 Maine ban
On June 13, 2019, Maine's governor signed Bill LD1433, which aims to ban unnecessary perfluorooctanoates (PFAS) and phthalates from food packaging. Effective January 1, 2022, manufacturers, suppliers or distributors may not offer food packaging or food packaging components, including inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers or any other additives therein, that have been intentionally added with phthalates for sales or promotional purposes.
03 New York State Ban
On December 3, 2020, New York State Governor Andrew Cuomo has signed a new bill banning the intentional addition of PFAS-like substances to all food packaging starting in December 2022.
04 Vermont Ban
On May 19, 2021, Vermont passed the country's largest and most comprehensive PFAS legislation to date, thus establishing a ban on PFAS in food packaging. The manufacture, sale, offer for sale, distribution for sale, or distribution of food packaging that contains any amount of PFAS intentionally added is prohibited. The ban takes effect on July 1, 2023.
05 Connecticut Ban
On July 13, 2021, the Governor of Connecticut signed Senate Substitute Bill No. 837, which bans the intentional addition of PFOS to food packaging, and the new bill will take effect on December 31, 2023.
06 Minnesota ban
In June 2021, the governor of Minnesota signed SF 20 into law, banning the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging. The ban will take effect on January 1, 2024.
07 California ban
On October 5, 2021, the Governor of the State of California signed AB 1200 into law to restrict perfluoroalkyl or polyfluoroalkyl substances (PFAS) in plant-based food packaging by prohibiting the intentional addition of PFAS to food packaging made primarily of paper, paperboard, or plant fiber and defining intentional addition as: a. Use as a functional or technical use; b. Content exceeding 100 ppm (in terms of total organic fluoride). The new regulations will be implemented as of January 1, 2023.
08 Maryland ban
On April 21, 2022, the Governor of Maryland approved bill HB 275/SB 273, which, effective January 1, 2024, prohibits the manufacture, or knowingly sale, offer for sale, distribution, or use in Maryland of food packaging or food packaging components that are intentionally spiked with PFAS.
09 Other state bans
Iowa: Ban on adding PFAS to food packaging, effective date: January 1, 2023.
Rhode Island: Ban on the addition of PFAS to food packaging, effective date: January 1, 2022.
Hawaii: Ban on intentional addition of PFAS to food packaging such as food boats, pizza boxes, plates, wrappers and liners, effective date: December 31, 2024.
Arizona: Prohibit the manufacture and sale of food packaging containing PFAS and/or phthalates, effective date: January 1, 2023.
Illinois: Prohibit the manufacture and sale of food packaging containing PFAS, effective date: January 1, 2021.
New Hampshire: Require the removal of all PFAS-containing containers from schools and hospitals.
Massachusetts: Prohibits the manufacture and sale of food packaging that intentionally adds any amount of PFASs.
Virginia: Bans the sale of food packaging containing PFASs.
Wisconsin: Bans the manufacture and sale of food packaging containing PFASs, whether suitable alternatives exist, effective date: January 1, 2023.
