Hawaii, Other States Introduce Legislation to Ban PFAS in Food Packaging

Hawaii has introduced a bill, SB504, that would expand its ban on per- and polyfluoroalkyl substances (PFAS) to include all food packaging and food service ware. A related bill, HB1644, was signed into law in Hawaii on June 27, 2022. That bill bans the manufacture, sale, distribution, or use of wraps, and liners, plates, food boats, and pizza boxes substantially composed of paper, paperboard, or other materials originally derived from plant fibers to which PFAS have been intentionally added, effective December 31, 2024.

SB504 would prohibit the manufacture, sale, and distribution of any food packaging, food service ware, cosmetics, or personal care product that contains PFAS, effective January 1, 2027. It would also repeal the PFAS ban imposed by the passage of HB1644. The companion to SB504 is HB748. Both bills were introduced on January 20, 2023.

In addition to Hawaii, several other states (shown below) have introduced legislation this year that would ban PFAS in food packaging.

• Oregon, SB543, would ban the sale of food ware containers containing PFAS, in addition to banning the sale of polystyrene foam food containers, effective January 1, 2025. It also specified that a food vendor may not provide food ware containers intended for single use unless the container meets certain criteria, such as being made from fiber-based materials and is certified as compostable. SB543 was introduced January 9, 2023.
• Illinois, SB0088, would ban food packaging and certain other products containing intentionally added PFAS, effective January 1, 2025. It also would impose labeling requirements for cookware containing PFAS beginning January 1, 2025. SB0088 was introduced on January 20, 2023.
• Rhode Island, S.B.16, would prohibit the use of PFAS in cookware, effective January 1, 2025. The legislation also bans certain other products containing PFAS and specifies that no later than January 1, 2025, and at least every three years thereafter, the Rhode Island Department of Environmental Management shall identify additional priority products that many not be manufactured or sold in Rhode Island if they contain intentionally added PFAS. S.B.16 was introduced January 18, 2023.
• Massachusetts, SD.1912, prohibits the manufacture, sale, or distribution of food packaging that contains intentionally added PFAS, effective January 1, 2025. It also would require manufacturers or suppliers of packaging and packaging components to furnish a certificate of compliance to purchasers, effective 90 days after S.D.1912 becomes law. 
• New Hampshire, HB242, would prohibit food service businesses from selling or distributing disposable (one-time use) food packaging that contains PFAS, beginning January 1, 2024. It was introduced January 5, 2023.