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PFAS actions in three US states

California expected to pass bill banning PFAS in food packaging; Michigan legislators reintroduce bill to ban PFAS, phthalates, and bisphenols in food packaging; Massachusetts’ Toxics Use Reduction Act program votes for expanding reporting requirements

On August 26, 2021, news provider Chemical Watch reported that California’s Senate had amended their proposed bill to ban per- and polyfluoroalkyl substances (PFAS) in food packaging and cookware. The amendment gives companies until 2024, an extra year, to add labels to products containing ‘chemicals of concern’ and the wording was changed to clarify which food contact articles will be affected by the legislation. With the compromise, the California Chamber of Commerce and other industry groups removed their opposition to the legislation. The amended legislation is expected to officially pass the Senate next week and to be signed by Governor Gavin Newsom by mid-September.  

On August 19, the Administrative Council of Massachusetts’ Toxics Use Reduction Act (TURA) voted unanimously that all PFAS not previously listed should be added to the TURA list of toxic and hazardous substances. Accordingly, all businesses in Massachusetts that “manufacture or process 25,000 lb/year, or otherwise use 10,000 lb/year, of [PFAS] … would be required to file annual toxics use reports, pay annual toxics use fees, and develop a toxics use reduction plan every two years.” A policy report by the Toxic Use Reduction Institute includes a section on food packaging that reviews PFAS policies enacted by other states, and resources to find PFAS-free packaging. The TURA council is accepting comments on the proposed change until October 15, 2021.  

In July, Michigan SenatorJeff Irwin and Representative Yousef Rabhireintroduced a bill banning ‘forever chemicals’ in food packaging to the state Senate and House, respectively. If passed, the bill would ban the use of PFAS, bisphenol A (BPA, CAS 80-05-7), and phthalates from the manufacturing and sale of food packaging in Michigan. The two legislators originally introduced the bill in summer 2020 but it did not pass before the end of the 2020 legislative period.   

 

Read More 

Julia John (August 26, 2021). “California Chamber of Commerce drops resistance to potential PFAS restrictions.” Chemical Watch 

Ting and Friedman (August 23, 2021). “AB-1200 Plant-based food packaging: cookware: hazardous chemicals.” California Legislature 

TURI (August 24, 2021). “Administrative Council Votes to Add Category of PFAS to TURA List.” 

TURI (May 2021). “Per- and Poly-fluoroalkyl Substances (PFAS): Policy Analysis Toxics Use Reduction Institute.” Pdf 

Office of Senator Jeff Irwin (July 1, 2021). “Ann Arbor Legislators Propose Ban on Use of Toxic PFAS Chemicals in Food Packaging.”  

 

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