In December 2021, The Department of Environmental Protection (DEP) in the US state of Maine published its final list of food contact chemicals (FCCs) of high concern. The ten substances are:
- The bisphenol structure:
- bisphenol A (CAS 80-05-7)
- bisphenol B (CAS 77-40-7)
- bisphenol S (CAS 80-09-1)
- bisphenol F (CAS 620-92-8)
- 4-Octyl phenol (CAS 1806-26-4)
- octamethylcyclotetrasiloxane (D4) (CAS 556-67-2)
- toluene (CAS 108-88-3)
- styrene (CAS 100-42-5)
- benzene (CAS 71-43-2)
- methylenedianiline (MDA) (CAS 101-77-9)
- The paraben structure:
- propyl paraben (CAS 94-13-3)
- butyl paraben (CAS 94-26-8)
- methyl paraben (CAS 99-76-3)
- ethyl paraben (CAS 120-47-8)
- benzophenone (CAS 119-61-9)
- nonylphenol (CAS 25154-52-3)
To be included on the list, a substance must be on Maine’s Chemicals of Concern list, as well as been measured in the human body, food, and food packaging. In addition, it must be classified by “an authoritative government agency” for at least one of the following hazards: (i) a carcinogen, reproductive or developmental toxicant, or endocrine disruptor (ED), (ii) persistent, bioaccumulative and toxic (PBT), or (iii) very persistent and very bioaccumulative (vPvB).
There were no changes to the list from when the draft was first published for comments in early 2021 (FPF reported). Creation of the list was mandated by the state’s 2019 Toxic Chemicals in Food Packaging legislation (FPF reported). That same piece of legislation also banned the use of phthalates and per- and polyfluoroalkyl substances (PFAS) in food packaging beginning in 2022. The phthalate ban went into effect January 1, 2022, but the DEP postponed the PFAS ban “in order to assess the availability and comparable cost in Maine of alternative food packaging… before moving forward with a conclusive determination for this sales prohibition.” The US state of Washington has researched economically comparable, PFAS-free packaging to guide local businesses through the transition away from PFAS (FPF reported), but the Maine DEP determined that “due to differences in Maine and Washington’s regional markets” further information is required before proceeding.
Read More
Department of Environmental Protection (December 2021). “Toxic chemicals in food packaging: food contact chemicals of high concern criteria documentation.” US State of Maine (pdf)
Department of Environmental Protection. “Maine toxics in food packaging.” US State of Maine
Keller & Heckman Law Firm (January 13, 2022). “Maine finalizes list of food-contact chemicals of high concern.” Packaginglaw.com
Julia John (January 12, 2022). “Maine postpones ban on PFAS-containing FCMs.” Chemical Watch
Matthew Rozsa (January 16, 2021). “‘We’re 15 years too late’: Endocrine-disrupting plastic additive BPA is still in everything.” Salon
