Connecticut Act Prohibits the Sale and Distribution of Food Packaging with PFAS

Jul. 9 2021

Summary
The state of Connecticut passed into law Act No. 21-191, which prohibits the sale and distribution of food packaging and packaging elements with intentionally added perfluoroalkyl or polyfluoroalkyl substance (PFASs). The law also prohibits the use of substitute chemicals which pose an equal or greater hazard. The effective date is January, 2024.

The law includes the following definitions:

Perfluoroalkyl or polyfluoroalkyl substance: a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Food packaging: any package or packaging component that is applied to or in direct contact with any food or beverage.
Package: any container, produced either domestically or in a foreign country, used for the marketing, protecting or handling of a product and includes a unit package, an intermediate package and a shipping container, as defined in the ASTM D966. "Package" also means any unsealed receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapper or wrapping film, bag or tub.
Packaging component: any part of a package, produced either domestically or in a foreign country, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, stabilizer or other additive. Tin-plated steel that meets specification ASTM A623 shall be considered as a single packaging component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets ASTM A653, A924, A879 and A591 shall be treated in the same manner as tin-plated steel.

Other States’ PFAS in Food Packaging Bans:
Maine, New York, Vermont and Washington also recently enacted laws which ban the use of PFAS in food packaging. Note that the Maine and Washington State laws require the identification of a safer alternative before the PFAS bans become effective.

Firefighting Foam:
The new Connecticut law also bans the use of PFAS in all firefighting foams.

For details, please see the following link:
https://www.cga.ct.gov/2021/ACT/PA/PDF/2021PA-00191-R00SB-00837-PA.PDF

For More Information:
Previously issued related Bureau Veritas 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: California Adopts as Priority Products: Carpets and Rugs with Perfluoroalkyl and Polyfluoroalkyl Substances

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