U.S. – New York Approves PFAS Ban in Food Packaging

Vol. 1233 | 29 Mar 2021

In December 2020, New York Governor Cuomo signed into law bill S8817/A4739 prohibiting sale of food packaging products containing intentionally added perfluoroalkyl and perfluoroalkyl substances (PFAS).

Perfluoroalkyl substances have a unique property of grease resistance, stain resistance, and oil and water repellency, properties that make them very attractive and functional for food packaging purposes. PFAS including the more widely known perfluoroalkyloctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) have been identified as possible human carcinogens based on extensive exposure analysis causing them to be known as chemicals of concern.

As defined in the bill:

• Food packaging refers to “a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.”
• PFAS substances refers to a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
• “Intentionally added” means the chemical added serves an intended function in the product component.

Companies found violating the law would be subject to a $10,000 first-time fine, with subsequent violations reaching up to $25,000.

The law goes into effect on December 31, 2022. The bill restricting PFAS in food packaging can be viewed at: S8817 (nysenate.gov)

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265) or Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).