Additional Newly Enacted and Proposed PFAS Laws in Three US States

Aug. 3 2021

There continues to be action from several states in regards to the regulation of per- and polyfluoroalkyl substances (PFAS). Please see below for the latest updates on Minnesota, Maine and Michigan.

Background
Per- and polyfluoroalkyl substances (PFAS) are a group of fluorinated chemicals that include PFOA, PFOS, as well as other chemicals. According to the US EPA, exposure to PFAS can lead to health issues in humans. Also, EPA studies have found that PFOA and PFOS can cause reproductive and developmental, liver and kidney, and immunological effects in laboratory animals. PFAS chemicals can be used in grease-resistant food containers/wrappers, nonstick cookware, stain resistant coatings used on carpets, upholstery, and other fabrics, as well as water resistant clothing.

MINNESOTA
Products: Food packaging

Summary: Minnesota Legislature: SF 20, 29 June 2021: states that no person shall manufacture or knowingly sell, offer for sale, distribute for sale, distribute, or offer for use in Minnesota a food package that contains intentionally added PFAS. The law defines "food package" as “a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage.” Food package includes:
(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.

Status: Enacted, effective January 1, 2024
For more information: https://www.revisor.mn.gov/bills/text.php?number=SF20&version=latest&session=ls92&session_year=2021&session_number=1&format=pdf

MAINE
Products: Residential carpets or rugs, as well as the sale of fabric treatments which contain intentionally added PFAS. Effective 2030, all products will be under the scope.

Summary: State of Maine Legislature: LD 1503 (HP 1113), requires manufacturers of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), to report the presence of those substances in the named products to the Department of Environmental Protection beginning in 2023. This Act also prohibits the sale of residential carpets or rugs, as well as the sale of fabric treatments, that contain intentionally added PFAS beginning in 2023.

The Act defines "fabric treatment" as “a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance”.
In addition, effective January 1, 2030, the state will not allow the sale of any product that contains intentionally added PFAS, unless the state determines that the use of PFAS in the product is unavoidable. The state may determine specific products or product categories in the use of PFAS is unavoidable.

Status: Emergency Enacted: Becomes Law without Governor’s Signature, effective January 1, 2023.
For more information: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1113&item=5&snum=130

MICHIGAN
Products: Food packaging

Summary: Michigan Senate Bill 0591 proposes that a person shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS, bisphenols, or phthalates have been intentionally added in any amount greater than an incidental presence.

Food packaging is defined in the proposed law as "food packaging" means a container or wrapper that provides a means of marketing, protecting, or handling a food and that is intended for direct food contact. Food packaging includes, but is not limited to, an unsealed receptacle, such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapping film, bag, or tub. Food packaging includes the food that is contained in the food packaging, the food to which the food packaging is applied, and a plastic, disposable glove used in commercial or institutional food service.”

Status: Proposed. If enacted, effective January 1, 2023
For more information: http://www.legislature.mi.gov/documents/2021-2022/billintroduced/Senate/pdf/2021-SIB-0591.pdf

For more information: Previously issued related BVCPS Regulatory Updates.
• Feb. 2021: The Toxics in Packaging Clearinghouse Publishes Update to Model Legislation
• March 2021: Washington State Bans PFAS in Four Types of Food Packaging
• June 2021: Newly Proposed and Enacted PFAS Laws
• June 2021: CA Adopts as Priority Products: Carpets and Rugs with Perfluoroalkyl and Polyfluoroalkyl Substances
• July 2021: Connecticut Act Prohibits the Sale and Distribution of Food Packaging with PFAS

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