State governments across the United States are addressing the use of per- and polyfluoroalkyl substances (PFAS) in food packaging and other materials (FPF reported, also here). At the Global Food Contact Conference on April 4, 2022, Dustin Schadt of Stora Enso Packaging remarked “we need to scream for unity in regards to this particular subject. In the US we act like fifty different countries. Why?” Besides Schadt, other industry leaders have also mentioned the difficulty of complying with the varied regulations across the US during recently held meetings. Schadt stated that when it comes to PFAS, the country and manufacturers need “education, unification, and solid product development that is holistic.” Until then, the states seem likely to continue a piecemeal approach or to make use of model legislation (FPF reported).
On April 21, 2022, Governor Bill Hogan of Maryland signed the George “Walter” Taylor Act which would ban intentionally added PFAS in paper and board packaging as well as disposable plastic gloves by January 1, 2024. The ban also applies to firefighting foam and carpets.
In Massachusetts on April 20, 2022, the state’s PFAS Interagency Task Force published their final report. The report provides 30 recommendations to the state split into eight categories including the “phase out of PFAS in consumer products.” The task force specifically recommends prohibiting intentionally added PFAS in consumer products by 2030. Also requiring manufacturers of PFAS-containing products to notify the state by 2025, and to label products as containing PFAS. The task force was established as part of Massachusetts’ 2021 state budget and is composed of “state officials and experts,” according to the report.
The State of Washington has already undergone work to phase-out PFAS in food packaging (FPF reported, also here) and other consumer products. On March 31, 2022, Governor Jay Inslee signed a bill that would accelerate those actions. The bill makes it easier for the Department of Ecology to give products from the state’s PFAS Chemical Action Plan, which includes non-stick cookware, a priority status (FPF reported). Once named a priority, the state has until June 2024 to produce regulatory actions and until December 2025 to implement those regulations. According to reporting by Julia John of Chemical Watch, the Department of Ecology is planning to hire more employees to fulfill this accelerated schedule.
In April 2022, Washington’s Department of Ecology also released findings from a survey asking citizens to rank products for the department’s Safer Products for Washington Program to work on. Of the 12 product groups the state already considers a priority, citizens ranked personal care products, food and drink cans, and laundry detergents as their top three concerns. When asked for suggestions of other products to consider, Washington residents most often mentioned food-related products followed by laundry and yard care products.
Meanwhile, Chemical Watch reports the state of Vermont is considering expanding its current legislation to move beyond PFAS and include a ban on bisphenols in food packaging. State regulations allow the Department of Health to ban a food contact product that contains bisphenols if “a safer alternative is readily available in sufficient quantity and at a comparable cost …[and] performs as well as or better than bisphenols in a specific application” (FPF reported).
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Maryland General Assembly (April 2022). “Environment – PFAS Chemicals – Prohibitions and Requirements (George “Walter” Taylor Act).”
Julia John (April 18, 2022). “Maryland legislature approves PFAS ban for various product categories.” Chemical Watch
PFAS Interagency Task Force (April 2022). “PFAS in the Commonwealth of Massachusetts: Final report of the PFAS Interagency Task Force.” State of Massachusetts. (pdf)
Susanna Sudborough (April 21, 2022). “PFAS task force recommends phase-outs, banning, and regulation.” Boston.com
Julia John (April 19, 2022). “Washington state hiring staff, considering data call to implement new PFAS law.” Chemical Watch
Department of Ecology. “Safer Products for Washington.” State of Washington
Julia John (April 25, 2022). “Vermont studying data for possible ban on bisphenols in food packaging.” Chemical Watch
Department of Ecology (April 15, 2022). “Your seat at the Safer Products for Washington table.” State of Washington
Department of Ecology (April 15, 2022). “Safer Product for Washington – Survey results.” State of Washington (pdf)
Julia John (April 29, 2022). “Washington state identifies articles for chemical regulatory consideration.” Chemical Watch
