On June 20, 2022, the Canadian government enacted the Single-use Plastics Prohibition Regulations, SOR/2022-138. This law, reflecting Canada’s commitment to ban single-use plastics, will come into effect on December 20, 2022, with implementation occurring over the course of three years.
The Council on Environmental Quality (CEQ) is set to release a new proposed rule further modifying the National Environmental Policy Act’s (NEPA) Implementing Regulations found in Title 40, Chapter Five of the Code of Federal Regulations (CFR). This upcoming release is “Phase 2” of CEQ’s multi-phased approach to revising the NEPA regulations. Although it is unclear exactly what effect the Phase 2 changes will have on Environmental Assessments for Food Contact Notifications (FCNs) submitted to the U.S.
On July 18, 2022, and annually thereafter, unless subject to an exemption, manufacturers of products that are subject to postconsumer recycled (PCR) content requirements that are sold or offered for sale in the state of New Jersey must register with the New Jersey Department of Environmental Protection (DEP) or apply for a two-year waiver. Covered products include the following:
Colorado Governor Jared Schutz Polis signed HB22-1345 into law on June 3, 2022. The new law, as previously reported, prohibits the sale or distribution of fiber-based food packaging and other products, such as fabric treatments, carpets, cosmetics, juvenile products, and textile furnishings, to which PFAS has been inten
Washington State’s Department of Ecology (DoE) published its Second Alternatives Assessment for per- and polyfluoroalkyl substances (PFAS) in food packaging on May 16, 2022, identifying five additional paper-based food-contact materials with safer alternatives to PFAS. Thus, as of May 2024, Washington’s ban on certain food packaging containing intentionally-added PFAS will expand to include:
A California bill, SB-502, would allow the state’s Department of Toxic Substances Control (DTSC) to rely on publicly available studies when evaluating chemicals of concern under consideration in a consumer product. Currently, California’s Green Chemistry Initiative requires a responsible entity (manufacturer, importer, assembler, or retailer) to conduct an alternatives analysis for the product to identify how environmental and public health impacts of the chemical may be limited.
California Assembly Bill (A.B.) 2787 would ban the sale or distribution of designated products (including certain cosmetics, detergents, waxes and polishes) in California if the products contain intentionally added microplastics.
Maryland’s General Assembly is considering legislation that would establish an extended producer responsibility (EPR) program. The legislation, SB292 and HB0307, would require the Maryland Department of Environment (DoE) to conduct a statewide assessment by October 1, 2023, and every 10 years after that.
Keller and Heckman Partners Cynthia Lieberman and Hazel O’Keeffe will be presenting at the Sustainable Paper & Fiber Packaging for Food Contact Conference, to be held on May 3-4, 2022, virtually and onsite in Cologne, Germany. Cynthia will provide an overview of regulations applicable to food-contact paper in the EU, including regulations for recycled paper. Hazel will give an update on single-use plastic and packaging directives and their impact on the paper packaging industry.
The U.S. Plastics Pact’s recently released Problematic and Unnecessary Materials List identifies the following 11 plastic items that are not currently reusable, recyclable, or compostable in the U.S.: