Rhode Island Extends Effective Date of PFAS Ban in Food Packaging Again; Bans PFAS in Cookware

The effective date of Rhode Island’s ban on per- and polyfluoroalkyl substances (PFAS) in food packaging was extended until January 1, 2025, when S 2850 Substitute B/HB 7619 was signed into law on June 17, 2024. The ban on PFAS in food packaging was incorporated into Rhode Island law in June 2022 (see 2022-H 7438A / 2022-S 2044A) and originally had an effective date of January 1, 2024. This effective date was extended to July 31, 2024, under 2023—S0724.
 
The original bill banned the manufacture, sale, or distribution of food packaging to which PFAS was intentionally added. Of significance, the ban included PFAS used as a processing aid in film production. The recently signed S2850 delays the ban on the use of PFAS as a processing aid even further than the effective date for the ban on PFAS in food packaging, stating “[o]n or after July 1, 2027, the use of a regulated chemical as a processing agent, mold release agent, or intermediate shall be considered intentional introduction for the purposes of this chapter where the regulated chemical is detected in the final package or packaging component.”

A separate bill, 2024-S2152, that was signed into law on June 26, 2024, bans cookware containing intentionally added PFAS effective January 1, 2027. This bill also bans intentionally added PFAS in a number of other consumer products, such as juvenile products, medical devices, and outdoor apparel. The bill explains that “cookware” includes “pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.”
 
S2152 states that “It is the intent of the general assembly to ban all uses of PFAS by December 31, 2032, unless the use of PFAS in a product is considered unavoidable.”