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Update: More US states now ban PFAS in food packaging

Connecticut, Vermont, and Minnesota join set of US states that ban use of PFAS in food packaging; Vermont ban also implements a procedure for considering phase-out of bisphenols in food packaging; Minnesota bill funds study to find which products within the state contain PFAS; Governor of New Mexico call on US Environmental Protection Agency to list PFAS as hazardous waste

On June 9, 2021, the US state of Connecticut passed Bill No. 926 prohibiting the “sale of consumer packaging that contains per- and polyfluoroalkyl substances (PFAS).” The bill was unanimously passed by the state’s senate and Governor Ted Lamont is expected to soon sign it into law. After January 2024, no manufacturer, supplier, or distributor will be allowed to sell PFAS-containing packaging within the state. Connecticut will become the fifth US state to ban PFAS in food packaging (FPF reported, also here and here).

On May 19, Vermont also established a ban of PFAS in food packaging when it passed the largest, most comprehensive piece of PFAS legislation seen so far in the country. In addition to banning PFAS in packaging and firefighting foam, Vermont’s legislation applies to many household products. Bisphenols (FPF reported here and here) are also included in the statute. The new legislation allows the state’s Department of Health to ban bisphenols in food packaging if “a safer alternative is readily available in sufficient quantity and at a comparable cost …[and] performs as well as or better than bisphenols in a specific application.” The law goes into effect July 1, 2021, with restrictions to be phased in over the next several years.

Update:

On June 25, 2021, the Minnesota legislature passed a PFAS bill that now only needs the expected signature of Governor Tim Walz. The bill bans all businesses from “knowingly” selling or distributing food packaging containing PFAS by January 2024. The bill also funds a study to find which products within the state contain PFAS.

Additionally, New Mexico Governor Michelle Lujan Grisham filed a petition with the US Environmental Protection Agency to list PFAS as hazardous waste under the federal Resource Conservation and Recovery Act. Grisham wrote that “in the absence of a federal framework, states continue to create a patchwork of regulatory standards for PFAS across the U.S. to address these hazardous chemicals. This leads to inequity in public health and environmental protections.”

 

Read More

State of Connecticut (June 9, 2021). “An act concerning the presence of PFAS in certain consumer packaging.”

Patrick Skahill (June 14, 2021). “How environmental bills fared during Connecticut’s 2021 legislative session.” The Day

State of Vermont (May 19, 2021). “An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products.”

WCAX News Team (May 19, 2021). “Scott signs bill restricting sale of PFAS chemicals.” WCAX

Dave Orrick (June 25, 2021). “MN ‘clean cars’ initiative survives; ‘forever chemicals’ to be banned in food packaging.” Twin Cities Pioneer Press

State of Minnesota (June 2021). “Omnibus environment, natural resources, and tourism bill.”

State of New Mexico Environment Department (June 23, 2021). “Governor Lujan Grisham formally petitions EPA to list PFAS as hazardous waste under federal law.” pdf

Michelle Lujan Grisham (June 23, 2021). “Petition to the EPA.” pdf

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