In early June 2022, the US state of Washington Department of Ecology (DoE) published its final report for the first implementation cycle of the Safer Products for Washington program. The report obligates the state to regulate certain priority chemicals in key consumer products including food packaging by June 2023. Food packaging related changes include a restriction, potentially taking the form of a complete ban, of phenolic compounds including all bisphenols in the lining of drink cans and obligatory reporting of bisphenols in the lining of food cans. Tetramethyl bisphenol F (TMBPF) is excluded from these obligations.
DoE determined that the “vast majority” of bisphenols with enough data to assess safety did not meet the department’s criteria for “safer.” TMBPF met the minimum criteria to be considered “safer” but DoE could not determine if replacing all bisphenols with TMBPF would completely avoid adverse outcomes, i.e. regrettable substitution. So the chemical is allowed with limits. “This means that in applications where TMBPF is present as a residual monomer at concentrations below 100 ppm, it may be considered a safer alternative.”
The Safer Products for Washington program launched in 2019 with a piece of legislation directing the DoE “to identify and take action on products containing harmful chemicals that pose a health threat to sensitive populations, like pregnant women and children, and sensitive species like orcas and salmon” (FPF reported, also here).
In May 2022, the DoE also published the second PFAS in food packaging alternatives assessment. In this assessment the department identified safer alternatives to PFAS for all five investigated food packaging types: bags and sleeves, bowls, flat serviceware, open-top containers, and closed containers. Replacements included reusable containers, densified paper, and wax-, clay-, and PLA-coated paper packaging. By concluding that there are safer alternatives to PFAS, the publication marks the beginning of a two-year countdown until PFAS in those packaging types will be banned.
The first PFAS alternatives assessment identified replacements for wraps and liners, plates, food boats, and pizza boxes (FPF reported). Thus, PFAS in those four types of food packaging will be banned by February 2023. Washington State is already leading the US in finding and legislating replacements for PFAS in food packaging and other products, but in May 2022 Governor Jay Inslee signed a bill giving the DoE more support to accelerate finding replacements (FPF reported).
References
Department of Ecology (June 2022). “Regulatory determinations report to the legislature: Safer products for Washington cycle 1 implementation phase 3.” State of Washington (pdf)
Department of Ecology (May 2022). “Per- and polyfluoroalkyl substances in food packaging second alternatives assessment.” State of Washington (pdf)
Read more
Department of Ecology (May 19, 2022). “State takes steps toward banning persistent PFAS chemicals in food packaging.” State of Washington
Department of Ecology (June 7, 2022). “We’re on the move: Launching the next Safer Products for Washington phase.” State of Washington
