On May 2, 2023, the Northeast Waste Management Officials’ Association (NEWMOA) published draft model legislation aimed at reducing or eliminating per- and poly-fluoroalkyl substances (PFAS) in consumer products.
The European Food Safety Authority (EFSA) lowered the tolerable daily intake (TDI) of bisphenol A (BPA) from 4 micrograms per kilogram body weight (µg/kg bw) per day to 0.2 nanograms (ng) per kilogram of body weight per day based on a re-evaluation of the substance. The re-evaluation of BPA was conducted by EFSA’s Panel on Food Contact Materials, Enzymes and Processing Aids (CEP).
California Assembly Bill 418 passed the Assembly Committee on Health by a vote of 12 to 1 on April 11, 2023, and was re-referred to the Committee on Environmental Safety and Toxic Materials. AB 418 would ban the manufacture, sale, and distribution of any food product that contains titanium dioxide, brominated vegetable oil, potassium bromate, propylparaben, or red dye #3.
A recently introduced bill in California, AB1290, would ban plastic packaging that contains per- and polyfluoroalkyl substances (PFAS), along with other substances. (Currently, PFAS is banned in paper packaging in California. For more information on the existing ban click here.) If AB1290 passes, the ban would become effective January 1, 2026.
Listed below are recently introduced legislation in other states that include bans of PFAS in food packaging.
The Maine Department of Environmental Protection (DEP) announced on February 14, 2023 that it is now accepting public comments for the state’s PFAS reporting draft rule, which was approved by the Maine Board of Environmental Protection on January 19, 2023. The rule provides additional guidance on the notification requirements and sales prohibitions for products and product components containing intentionally added PFAS.
Five EU Member States have submitted to the European Chemicals Agency (ECHA) a proposal to restrict or ban most uses of per- and polyfluoroalkyl substances (PFAS), including in food-contact materials, in accordance with the EU REACH (Registration, Evaluation and Authorization of Chemicals) Regulation. The proposal covers approximately 10,000 different PFAS that are defined broadly as “any substance that contains at least one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (without any H/Cl/Br/I attached to it).” The proposal also covers fluoropolymers.
The Maine Board of Environmental Protection (BEP) voted in favor of moving the rulemaking process forward for the state’s PFAS reporting draft rule during a January 19, 2023, meeting. In developing this draft rule, the Maine Department of Environmental Protection (DEP) held two sessions where it invited input from the public on concept draft rules. Based on input received, DEP made several revisions to the draft.
The European Chemicals Agency (ECHA) announced that the national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden have submitted a proposal to restrict the manufacture, placing on the market, and use of per- and polyfluoroalkyl substances (PFAS) under REACH.
Recent updates to the California Safer Consumer Products (SCP) program could impact food packaging requirements in the state. The regulations implementing California’s Green Chemistry Initiative—referred to as the “Safer Consumer Products (SCP) Regulations”—have been amended to conform to the requirements in SB 502, which was signed by the governor on September 28, 2022.