The US Food and Drug Administration (FDA) recently announced a restructuring of the department to focus on chemicals used as food additives and in packaging. Meanwhile, US states are also making changes to chemical, packaging, and waste regulations. The following is a brief review of policies US states have adopted concerning food contact chemicals and materials in recent months.
Food contact chemicals – PFAS, bisphenols, and phthalates
Washington State Departments of Ecology and Health published a draft phthalates action plan that “provides a list of recommended actions that could be undertaken to reduce exposures to and sources of phthalates in Washington.” The two departments plan to focus first on finding alternatives for phthalates in medical devices, building materials, and food contact matierials. The final version of the action plan is expected in December 2023.
The phthalates action plan is part of the second cycle of the Safer Products for Washington Program. The agencies went through a similar process with per and polyfluoroalkyl substances (PFAS) and bisphenols as part of the first work cycle (FPF reported). Results from the first cycle went into effect July 1, 2023, which included a first-in-the-nation prohibition on bisphenol-based epoxy liners in drink cans by January 2025. Only tetramethyl bisphenol F (TMBPF)-based liners are exempt.
Minnesota passed a bill to mandate disclosure of PFAS in products by 2026 and ban intentionally added PFAS in most products by 2028. Cookware must be PFAS-free by January 1, 2025. A state prohibition on PFAS in cannabis packaging, including edibles, went into effect on July 1, 2023.
Maine passed a law in 2019 to phase out PFAS from food packaging (FPF reported, also here) that was initially meant to start in January 2022 but was postponed (FPF reported). Now, the state’s Department of Environmental Protection plans to start making rules in September 2023 to hopefully be implemented by early 2024, according to reporting from Chemical Watch.
A bill was recently introduced to Michigan’s congress to ban phthalates, bisphenols, and PFAS “from use in food packaging manufactured or sold in Michigan.” “[I]ncluding one of the first-ever restrictions on fluorinated food packaging,” writes Chemical Watch. If the law is passed, it would go into effect on January 1, 2025.
A Vermont ban on PFAS in food packaging went into effect on July 1, 2023 (FPF reported) and the Vermont Department of Health is considering whether to follow Washington State in taking action to prohibit bisphenols in the linings of drinks cans (FPF reported).
Material bans/prohibitions
Oregon passed bill SB 543 which phases out polystyrene foam dishware, packaging peanuts, and coolers, and also prohibits the use of PFAS in food packaging. At the same time, they passed SB 545 which will make it easier for restaurants to offer reusable containers to customers.
Rhode Island governor Dan McKee signed SB14 on June 22, 2023, which prohibits the use of polystyrene foam containers beginning in 2025. According to reporting from Waste Dive, the Rhode Island House and Senate have also passed a resolution to create a commission “to study and identify pathways to improve the state’s recycling of plastic bottles, miniature alcoholic beverage containers (also known as ‘nips’) and single-use plastic packaging. Citing plastic pollution problems, it also calls for the group to consider container deposit and extender producer responsibility programs.” Rhode Island is also examining whether to change state purchasing practices to shift away from single-use plastics.
Bottle deposit schemes
Michigan’s congress folks are proposing to expand the bottle deposit scheme that has long been in effect in the state. Currently, bottle deposits apply to carbonated beverages, but the newly proposed bill would add all non-carbonated beverages except milk. The Vermont legislature passed a similar bill that was recently vetoed by the Governor.
References
US FDA (May 26, 2023). “How FDA’s new approach to reviewing chemicals added to food will strengthen food safety.”
Food contact chemicals
WA DoE (May 2023). “Draft phthalates action plan.”
Julia John (May 15, 2023). “Michigan eyes novel ban on fluorinated FCMs.” Chemical Watch
Julia John (May 9, 2023). “Maine to start rulemaking in September to restrict PFAS-containing food packaging.” Chemical Watch
Office of Senator Jeff Irwin (May 4, 2023). “Irwin bill would ban toxic food packaging.”
Minnesota Legislature (May 20, 2023). “A bill for an act relating to cannabis[…]”
Material bans/prohibitions
Washington Department of Ecology (May 31, 2023). “Ecology adopts regulations on toxic chemicals in consumer products.”
Maria Rachel (June 20, 2023). “Rhode Island legislature supports restricting foam containers, mini alcohol bottles.” Waste Dive
Joseph Winters (May 8, 2023). “Oregon bans plastic foam and PFAS in food containers, promotes reusable alternatives.” Grist.
Bottle deposits
Megan Quinn (July 12, 2023). “Michigan lawmakers reintroduce proposal to cover more categories under 10-cent bottle bill.” Waste Dive
Cole Rosengren (July 5, 2023). “Vermont Gov. Scott vetoes bottle bill expansion; advocates look to legislature for override.” Waste Dive
Read more
Maria Rachal (2023). “Tracking US state packaging policies.” Packaging Dive
Caley Gleeson (July 13, 2023). “Vermont still reviewing data to inform potential bisphenol ban.” Chemical Watch
Julia John (July 10, 2023). “Minnesota adopts novel ban on PFAS-containing cannabis packaging.” Chemical Watch
Julia John (July 3, 2023). “Industry leans on Maine to clarify ‘unavoidable’ uses exempt from PFAS prohibition.” Chemical Watch
Kelly Franklin (June 1, 2023). “Washington state adopts unparalleled restrictions under safer products programme.” Chemical Watch
Patrick Anderson (June 1, 2023). “Plastic bags and straws were first. Now RI Senate votes to ban two more food-service items.” The Providence Journal
Julia John (May 4, 2023). “Washington state agencies recommend evaluating more phthalate-containing priority products.” Chemical Watch
Julia John (May 22, 2023). “Minnesota legislature greenlights sweeping PFAS prohibition, disclosure measure.” Chemical Watch
