Summary of U.S. states' bans on the use of perfluorinated and PFAS-like substances in food packaging

Per- and Polyfluoroalkyl Substances (PFAS) are a class of man-made chemicals widely used in consumer and industrial products.

Since the 1940s, perfluoro/polyfluoroalkyl substances (hereinafter referred to as PFAS) have been widely used in kitchen utensils, non-stick coatings in rubber and silicone, waterproof and oil-proof paper and cardboard due to their excellent oil resistance, chemical stability and thermal stability, such as fast food boxes, microwave popcorn bags, pizza boxes, butter paper, non-stick pans, etc.

Due to the widespread use of PFAS, coupled with its characteristics that are not easy to decompose in the environment, over time, PFAS used in the past and now continues to accumulate in the environment, resulting in environmental pollution. This is also evidenced by the U.S. Food and Drug Administration's (FDA) research trials on PFAS.

Food sampling by the U.S. Food and Drug Administration (FDA) in PFAS-contaminated areas found that soil, water, and airborne PFAS are absorbed by plants and animals, resulting in contamination of food grown or produced in PFAS-contaminated areas. However, the FDA also conducted sampling tests on food in areas not contaminated with PFAS, and the results of the test showed that only a very small number of samples could detect PFAS, and its content was very low, and the FDA's safety assessment results showed that this low level of exposure was not enough to threaten consumer health.

Based on this, at present, the US federal level has not completely banned the application of PFAS in food packaging materials, but it is clear that the people of all states in the United States are still worried about the safety of PFAS used in food packaging, so the state level has passed the ban on PFAS. The inconsistent attitude of the federal level to the state's treatment of PFAS has made many companies feel very confused, and then Leo will sort out which states in the United States have passed the PFAS ban.

1. First Ban: Washington State

In March 2018, Washington Governor Jay Inslee signed a bill that became the first state in the United States to ban the use of PFAS. The act will come into effect to prohibit the production, sale and distribution of food packaging deliberately fortified with perfluorinated and polyfluoroalkyl substances (PFAS). But PFAS is widely used, and before the bill goes into effect, the Washington Department of Ecology needs to do the following:

(a) find safer alternatives than PFAS;

(b) By January 1, 2020, the Department of Ecology must publish the findings in the Washington State Register and submit a report to the legislature that should include the findings and peer-reviewed feedback on alternatives.

Effective Time:

If the Washington State Department of Ecology is able to find a safer alternative on Jan. 1, 2020, the bill would ban the sale, manufacture, and distribution of food packaging containing PFAS by Jan. 1, 2022. If a suitable alternative is not found, the state's Department of Ecology must review and report on the alternative to PFAS annually until a usable alternative is found and submitted to the legislature, and the ban will take effect two years after the submission of the alternative report.

Progress in the evaluation of PFAS alternatives:

In February 2021, the Ministry of Ecology submitted to the legislature the first batch of alternatives to PFAS, covering the following four types of food packaging:

Wraps and liners

Plates

Food boats

Pizza boxes

* The above four types of food packaging with PFAS added will be banned in February 2023.

In May 2022, the Ministry of Ecology submitted to the legislature the second batch of alternatives to PFAS, involving the following five types of food packaging:

Bags and sleeves

Bowls

Flat serviceware, which includes items like plates and trays

Open-top containers, which includes items like French fry cartons and food cups

Closed containers, which includes items like clamshells

The above five types of food packaging with PFAS added will be banned in May 2024.

2. Second PFAS Ban: Maine

In June 2019, Maine Governor Janet Mills signed the LD1433 Act, which aims to eliminate the use of phthalates and PFAS and establish a system to evaluate other substances of concern in packaging materials.

The food contact materials and articles covered by Bill LD1433 include "disposable plastic gloves for food contact, food and beverage packaging and their ingredients such as coatings, sealing caps, inks and labels", and as of January 1, 2022, manufacturers, suppliers or distributors may not provide intentionally added phthalates in food packaging in the state where food packaging contains inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers or any other additives.

A similar ban has been issued for PFAS, which is in effect similar to the PFAS ban in Washington State, where if the Department of Environmental Protection finds a safer alternative than PFAS, the state will ban the sale of food packaging deliberately introduced into PFAS from January 1, 2022, if no substitute is found by January 1, 2022. The ban will be implemented two years after the date the Ministry of Environmental Protection identifies the substitute.

The ban goes into effect without discouraging manufacturers located in the state from selling food packaging that intentionally adds PFAS elsewhere outside the state.

3. Third ban: New York State

In December 2020, New York Governor Andrew Cuomo signed a new bill banning the intentional addition of perfluoro/polyfluoroalkyl substances (PFAS) to all food packaging, starting in December 2022.

Unlike previous related bills passed in Washington and Maine, which do not require New York state to find alternatives to PFAS before banning the use of the above substances. This more rigorous approach has been criticized by industry groups such as the Performance Fluoropolymer Partnership (PFP), which is too restrictive and excludes materials such as fluoropolymers that are important to public health. Other organizations say lawmakers have not identified suitable alternatives to PFAS in single-use packaging, which could pose challenges for the food service industry. They want to work with lawmakers to ensure that all parties involved, including manufacturers, food service businesses and consumers, smoothly navigate the transition period.

4. Fourth Ban: Vermont

On May 19, 2021, Vermont passed the largest and most comprehensive perfluoro/PFOLK legislation to date. In addition to prohibiting individuals, municipalities or state agencies from discharging or using firefighting foam with PFAS added to it for training/testing purposes, the Bill prohibits the sale of carpets with PFAS added for waterproofing and ski wax products with PFAS added.

In terms of food packaging, Vermont's legislation also prohibits manufacturers, suppliers, and distributors from producing, manufacturing, and selling food packaging in the state that intentionally adds PFAS. And the bill adds three types of PFAS to the list of chemicals of high concern to children, namely:

PFHxS (perfluorohexane sulfonic acid)

PFHpA (perfluoroheptanoic acid)

PFNA (perfluorononanoic acid)

* The law will come into force on July 1, 2021, and restrictions will be phased in over the next few years.

5. Fifth Ban: Connecticut

On June 9, 2021, the U.S. state of Connecticut passed Bill No. 926, the PFAS Act in Consumer Goods Packaging, and it is expected that after January 2024, no manufacturer or distributor may sell packages containing PFAS in the state. (will be the 5th state to ban PFAS)

6. Sixth Ban: Minnesota

In June 2021, the Minnesota Legislature passed a PFAS Act. The bill prohibits all businesses from "knowingly" selling or distributing food packaging containing PFAS by January 2024. The bill also funded a study to determine which products in the state contain PFAS.

7. Seventh Ban: California

In October 2021, California Governor Gavin Newsom signed bill Bill No. 1200, legislation banning the use of PFAS in food packaging and requiring manufacturers to use PFAS alternatives that are as toxic as possible, becoming the seventh state after Minnesota to ban the use of PFAS in food packaging.

The new law also requires warning labels on product handles or food contact surfaces to list the presence of chemicals on the "Candidate List" of the product. A candidate list is a list of chemicals that have been identified as having hazardous properties or environmental toxicity or toxicological endpoints according to standards issued by the Part of Toxic Substances Control.

8. Eighth Ban: Maryland

On April 21, 2022, Maryland also joined the PFAS bans of California, Connecticut, Maine, Minnesota, New York, Vermont, and Washington, with Maryland Governor Bill Hogan signing a bill that would prohibit the intentional addition of PFAS to paper and cardboard packaging and single-use plastic gloves by Jan. 1, 2024.

This ban also applies to the use of PFAS in firefighting foam and carpets.

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