November 18, 2021; Keep Food Containers Safe from PFAS Act of 2021 (H.R. 6026) introduced in House

• Would amend the U.S. Federal Food, Drug, and Cosmetic Act to prohibit “the introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS.
• Neither “food packaging” nor “intentionally added” are defined within the bill.
• If passed, the bill would ban the sale of any food packaging containing PFAS as of January 1, 2024.

Link to Bill

October 18, 2021; EPA Council on PFAS released a “PFAS Strategic Roadmap” which outlines EPA’s approach to regulating PFAS.

July 21, 2021; House passes H.R. 2467; PFAS Action Act of 2021:

• Designate PFOA and PFOS chemicals as hazardous substances within 1 year and require the EPA to determine whether to list other PFAS within 5 years.
• Designate PFOA and PFOS chemicals as hazardous air pollutants within 180 days and require the EPA determine whether to list other PFAS within 5 years.

Link to Bill

February 2021; TPCH adds PFAS ban (broad definition) to their Model Legislation

• Prohibition of sale or distribution of a package or packaging components containing PFAS. Beginning XXXXXX, a manufacturer, supplier or distributor may not offer for sale or for promotional purposes a package or packaging component to which PFAS has been intentionally introduced during manufacturing or distribution in any amount. There shall be no detectable PFAS in any package or packaging component.
• No states have adopted this change yet

Link to Model Legislation

December 24, 2021; OEHHA identified PFOS as a carcinogen and added it to the Proposition 65 list (PFOA was added May 3, 2021). OEHHA has already selected two additional PFAS, perfluoronanoic acid and perfluoroundecanoic acid for evaluation for reproductive toxicity. State regulation of additional PFAS is anticipated in 2022.

October 5, 2021; AB 1200 approved by Governor. Law to ban PFAS (broad definition) in plant-based food packaging, and chemical disclosures for cookware. Limit of 100ppm total organic fluorine for recycling status.

• Banning paper-based food packaging using PFAS chemicals starting January 1, 2023
• Requiring cookware manufacturers starting January 1, 2024, to disclose the presence of chemicals in their products that are of concern for human health or the environment
• Prohibiting misleading advertising on cookware packaging as early as January 1, 2023

Link to Law

September 7, 2021; Passed in Assembly and Senate; bill to ban PFAS (broad definition) in plant-based food packaging, and chemical disclosures for cookware 

• Banning paper-based food packaging using PFAS chemicals starting January 1, 2023 
• Requiring cookware manufacturers starting January 1, 2024, to disclose the presence of chemicals in their products that are of concern for human health or the environment 
• Prohibiting misleading advertising on cookware packaging as early as January 1, 2023  

Link to Bill  

July 8, 2021; Bill to ban PFAS (broad definition) in plant-based food packaging, and chemical disclosures for cookware

Link to Bill

January 1, 2020; San Francisco bans PFAS (broad definition) in single-use food service ware

Link to Ordinance

July 13, 2021; Connecticut ban’s PFAS (broad definition) in food packaging

• As soon as feasible, but not later than December 31, 2023, no food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes in this state by its manufacturer or distributor.
• "Food packaging" means any package or packaging component that is applied to or in direct contact with any food or beverage; medical

Link to Law

July 15, 2021; Maine adopted a law that will ban the use of PFAS (broad definition) in any product through a phased-out approach

• Beginning January 1, 2023, a manufacturer of a product for sale in Maine that contains intentionally added PFAS shall notify Maine’s Department of Environmental Protection (Maine DEP) of such products and uses.
• Beginning January 1, 2030, any product that contains intentioned added PFAS will be prohibited for sale unless the Maine DEP has determined that the use of PFAS in the product is unavoidable.

Link to Law

June 2021; Minnesota ban’s PFAS (broad definition) in food packaging

• Beginning January 1, 2024, no person shall manufacture or knowingly sell, offer for sale, distribute for sale, distribute, or offer for use in Minnesota a food package that contains intentionally added PFAS.
• "Food package" means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage.
• Food package includes: (1) a unit package, an intermediate package, and a shipping container; (2) unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and (3) an individual assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

Link to Law

December 3, 2020; New York bans PFAS (broad definition) in paper food packaging

• Beginning December 31, 2022, no person shall distribute, sell or offer for sale in this state food packaging containing perfluoroalkyl and polyfluoroalkyl (PFAS) substances as intentionally added chemicals.
• "Food packaging" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
• Links to Legislation:
  • S8817
  • A4739C

May 18, 2021; Vermont ban’s PFAS (broad definition) in food packaging

• Beginning July 2023, a manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a food package to which PFAS have been intentionally added and are present in any amount.
• “Food package” or “food packaging” means a package or packaging component that is intended for direct food contact.

Link to Law

March 8, 2021; Washington announces ban on PFAS (broad definition) in paper food packaging

• Beginning February 2023, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS chemicals have been intentionally added in any amount.
  • Includes: wraps and liners, plates, food boats, pizza boxes
• "Food package" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
• Links to Legislation:
  • RCW 70A.222.020
  • RCW 70A.222.070
• Links to Per- and Polyfluoroalkyl Substances in Food Packaging Alternatives Assessment to Legislature:
  • Document
  • Summary Pages
• Insufficient information available to find safer alternatives for PFSA in the other six products (shown below):
  • Bags and sleeves, bowls, trays, french fry cartons, clamshells, interlocking folded container

By May 2023, the Government of Canada will publish a State of PFAS Report, which will summarize relevant information on the class of PFAS

Link to Information

Canadian Environment Protection Act, 1999 (CEPA 1999):

• • Currently PFOS, PFOS, and LC-PFCAs are considered schedule 1 toxic substances

Link to Toxic substance list

Link to Legislation

(Updated as of April 2021)

Link to Safer Chemical Document