On October 23, 2023, Maine’s Department of Environmental Protection (DEP) released an updated draft rule, 06-096 C.M.R. Chapter 80 (“Reduction of Toxics in Packaging”), on the implementation of the State’s Toxics in Packaging Law. The draft rule imposes a sales prohibition for certain food packaging containing intentionally added per- and polyfluoroalkyl substances (PFAS) and also prohibits the sale of food packaging to which phthalates have been intentionally introduced in more than incidental amounts.  

Importers of Finished Articles Made with PFAS Must Also Report 

The U.S. Environmental Protection Agency (EPA) has issued a final rule that requires the reporting of extensive information on potentially thousands of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). It captures all PFAS compounds manufactured or imported into the U.S.

While the current Food Contact Notification (FCN) process serves the U.S. Food and Drug Administration’s (FDA) reassessment initiative, the Agency is in the process of implementing changes that will support FDA’s efforts to establish a framework for routing systematic review of food-contact substances (FCS) through ongoing monitoring after they are on the market.

On October 7, 2023, California Governor Gavin Newsom signed AB 418—which bans the manufacture, sale, and distribution of any food products that contains brominated vegetable oil, potassium bromate, propylparaben, and red dye #3—into law. The ban becomes effective in 2027.

Maine has extended the effective date of its per- and polyfluoroalkyl substances (PFAS) notification requirement by two years to January 1, 2025, following the passage of HP 138/LD 217 (“An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroa

The U.S. Food and Drug Administration (FDA) recently added five new substances to its Inventory of Effective Food Contact Substances (FCS) Notifications. The newly listed substances and the manufacturers are listed below.

The California Food Safety Act (AB 418) was amended by the Senate to remove titanium dioxide from its list of prohibited substances. Four substances remain on the list: brominated vegetable oil, potassium bromate, propylparaben, and red dye 3. The amendment was made just before the legislature was to cast the final vote on AB 418, but it is now ordered to a third reading.

The U.S. Food and Drug Administration (FDA) recently added four new substances to its Inventory of Effective Food Contact Substances (FCS) Notifications. The newly listed substances and the manufacturers are listed below.

A White House Office of Science and Technology Policy (OSTP) subcommittee published a report on sustainable chemistry with the goal of coordinating federal programs and activities in this area.