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Keller and Heckman Associate Natalie Rainer will provide an Update on California’s Proposition 65 at the NPIRI Fall Tech Conference. This conferences covers the latest developments in key issues affecting the ink industry and includes sessions on technical, regulatory, and new technology issues.

For more information on the conference, including how to register, please click here.

New laws in Connecticut and Vermont ban the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging. In Connecticut, the ban becomes effective December 31, 2023, and in Vermont the effective date is July 1, 2023. Both laws define PFAS as fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Efforts to increase plastic recycling and reuse are underway both by industry and regulators. Three plastics and material science companies announced last month the establishment of the Closed Loop Circular Plastics Fund to invest in scalable recycling technologies, equipment upgrades and infrastructure solutions that advance the recovery and recycling of plastics in the U.S. and Canada. An initial investment of $25 million was made by Dow, LyondellBasell, and NOVA Chemicals.

Massachusetts and California have pending bills that would impact the use of perfluoroalkyl substances (PFAS) in cookware.

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.

Washington State has enacted a law that establishes minimum recycled content requirements for certain plastic products and prohibits the sale and distribution of certain expanded polystyrene products.  The law will also limit the distribution of single-use plastic products by food service establishments. In addition, the law, which becomes effective on July 17, 2021, establishes registration and reporting requirements for manufacturers of certain plastic products.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 11, 2021, that it intends to list tetrahydrofuran, 2-ethylhexyl acrylate, methyl acrylate, and trimethylolpropane triacrylate (technical grade) as carcinogens under Proposition 65. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

Virginia has enacted a ban on polystyrene food service containers, which will be implemented in two phases, and has committed to discontinuing most single-use plastics by state agencies, colleges, and universities.

The Washington Department of Ecology (DoE) released a draft document that outlines the definitions for the specific food packaging applications and alternatives it plans to use in the second Alternative Assessment (AA) for per- and polyfluoroalkyl substances (PFAS) in food packaging. By way of background, the state’s Toxics in Packaging Law includes a ban on PFAS in food packaging two years after safer alternatives are identified (RCW 70A.222.070).