In October 2021, the US EPA developed a PFAS strategic roadmap. In the absence of comprehensive federal legislation, several states are developing or updating their own PFAS regulations. This article compiles the current regulatory situation.

According to the OECD, PFAS are defined as any substance containing at least one perfluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (with no H/Cl/Br/I attached to that carbon atom). PFAS include thousands of synthetic chemicals such as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). PFAS have non-stick, oil-resistant, water-resistant, and grease-resistant properties. Since the 1960s, PFAS have been used in food contact substances (FCS) in the US, including cookware, food processing equipment (such as gaskets and O-rings), processing aids for other FCS (such as reducing buildup on manufacturing equipment), and food packaging (such as a grease-resistant coating).

News Updates

On September 28, 2023, U.S Environmental Protection Agency (EPA) announced an important new rule under the Toxic Substances Control Act (TSCA), requiring manufacturers of per- and polyfluoroalkyl substances (PFAS) to provide more data for better regulation. This rule will come into effect on November 13, 2023.

Maine (38 M.R.S. § 1614)

Maine passed the "Prohibition on Perfluoroalkyl and Polyfluoroalkyl Substance Pollution Act" in July 2021.

The main contents of the Act include: from January 1, 2030, it is prohibited to sell or distribute any product containing intentionally added PFAS in Maine, and manufacturers producing such products are required to submit written notice to the Maine Department of Environmental Protection informing them of the PFAS-containing products sold in the state. The latter part will take effect on January 1, 2023, and will take effect simultaneously with the ban on carpets, rugs, or fabric treatments containing PFAS.

California

From January 1, 2023, California will prohibit anyone from distributing, selling, or proposing to sell any food packaging containing PFAS (intentionally added or at a concentration of or above one part per million (ppm)).

Minnesota (HF1000 & SF834)

No one may sell, offer for sale, or distribute cookware (from January 1, 2025) / consumer products (from January 1, 2026) intentionally containing PFAS in the state.

Colorado (HB 22-1345)

Colorado's law will gradually stop the sale or distribution of certain products and product categories containing intentionally added PFAS in the state between 2024 and 2027. The ban on using PFAS in food packaging will take effect on January 1, 2024.

Rhode Island (HB 7438)

From January 1, 2024, Rhode Island will prohibit the intentional introduction of PFAS into food packaging during manufacturing or distribution.

Vermont (S.20)

Regulated objects: food packaging, carpets, ski wax, and Class B firefighting foam.

• From July 1, 2022, the sale of Class B firefighting foam intentionally containing PFAS is prohibited.
• From July 1, 2023, the sale of food packaging, carpets, and ski wax intentionally containing PFAS is prohibited.

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