Maine
Maine has proposed a rule to prohibit nine types of fiber-based food contact articles with intentionally added per- and polyfluoroalkyl substances (PFAS). This initiative follows the restrictions made by Washington state. Washington’s Department of Ecology verified there are safer alternatives to PFAS for certain single-use food packaging and foodware items including bags, bowls, clamshells, trays, and pizza boxes. Maine first passed a law to prohibit PFAS in 2019 with an initial compliance deadline set for January 2022, but there were delays to investigate if Washington’s findings were economically feasible in Maine (FPF reported).
The draft rule will also restrict the sale of food packaging and gloves containing phthalates. Maine had a regulation against phthalates in food packaging since July 2022, but further clarifications were necessary for enforcement (FPF reported). These bans will only apply to food or beverage companies with over $1 billion in annual national sales.
A public feedback period is open until November 30, 2023.
Minnesota
Minnesota is also soliciting stakeholder feedback related to PFAS. Specifically, two proposed rules regarding reporting and fees related to a new law aiming to phase out non-essential PFAS use by 2032 (FPF reported). The focus is on shaping a framework for collecting data on products with intentionally added PFAS, with manufacturers expected to provide detailed information to the Minnesota Pollution Control Agency by January 1, 2026.
The fee structure is being concurrently developed to cover the costs of this program, potentially based on the products, the number of PFAS reported, or the amounts of PFAS reported. The Pollution Control Agency aims to finalize these rules by 2024 and is seeking input to ensure clarity and effective implementation.
The consultation for both the reporting and the fees is open until November 28, 2023.
California
California’s Attorney General has warned companies of penalties for selling PFAS-containing food packaging or failing to disclose certain chemicals in cookware, under Assembly Bill 1200, effective from 2023 (FPF reported). This statute bans intentionally added PFAS in fiber-based food packaging, mandates online chemical disclosures for cookware, and limits claims about PFAS-free and other hazard groups.
According to reporting from ChemicalWatch, “The AG’s [Attorney General’s] office did not immediately respond to an inquiry regarding what prompted the warning.”
From 2024, on-product ingredient labeling will be required, extending chemical-free claim restrictions to cookware packaging. Manufacturers can no longer claim a product is certain-chemical-free if any other chemical(s) that fall under that group in California’s Candidate List for chemicals of concern are still in the article. Ortho-phthalates, for example, are one of the chemical groups; a manufacturer would not be able to say “DEHP-free” if any other ortho-phthalate from the Candidate List is still included.
Nevada
Back in June 2023, Nevada’s Governor Joe Lombardo vetoed a bi-partisan bill to ban various PFAS-containing products and mandate labeling on PFAS-containing cookware, citing concerns of imposing a heavy regulatory burden too soon and suggesting awaiting federal guidance. The vetoed bill (SB 76), proposed banning the sale of items like cosmetics, food packaging, and certain indoor furnishings containing intentionally added PFAS from 2024. It also required cookware manufacturers to disclose PFAS ingredients on labels and online, like the rule in California. According to Chemical Watch, the state senator who sponsored the bill plans to introduce it again next year.
Stay up-to-date with ongoing policy engagement opportunities concerning food contact chemicals, materials, and articles on the Food Packaging Forum consultations page.
References
Julia John (October 24, 2023). “Maine looks to prohibit several food contact materials containing PFASs.” Chemical Watch
Minnesota Pollution Control Agency (2023). “PFAS in products: Reporting.”
Minnesota Pollution Control Agency (2023). “PFAS in products: Fees.”
Rob Bonta (October 17, 2023). “Attorney General Bonta warns companies of responsibility to disclose presence of dangerous PFAS.” Office of the Attorney General
Julia John (October 21, 2023). “California AG warns industry to comply with obligations related to PFAS-containing FCMs.” Chemical Watch
Julia John (June 20, 2023). “Nevada governor rejects legislation to ban certain PFAS-containing articles.” Chemical Watch
