New Hampshire Bans PFAS in Food Packaging and Other Products

Food packaging and containers, along with several other types of products, that contain intentionally added per- and polyfluoroalkyl substances (PFAS) will be banned in New Hampshire, effective January 1, 2027. The ban was imposed by HB1649, which was signed into law by Governor Chris Sununu on August 20, 2024. Other products subject to the ban include cosmetics, juvenile products, and certain textile-related items.

New Hampshire’s PFAS ban defines PFAS similarly to the U.S. Environmental Protection Agency (EPA)’s Toxic Substances Control Act (TSCA) reporting rule, which defines PFAS more narrowly than other state laws. The New Hampshire law defines food packaging to include: (1) a unit package, an intermediate package, and a shipping container; (2) unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and (3) an individual assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. The law further defines “intentionally added PFAS” to mean PFAS that a manufacturer has intentionally added to a product or product component and that have a functional or technical effect in the product or product component, including PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.