Protect the Environment and Public Health by Further Reducing Toxic Chemicals in Packaging

Last updated: Jun 13, 2019

Details about this bill
Category: Environmental
Status: Passed
Sponsor: Representative Jessica Fay, House 66
Session: 129
Bill #: LD 1433



UPDATE: This bill has been amended and passed. It was signed by the governor. New law language here.


This bill amends the laws regarding the reduction of toxics in packaging to prohibit the sale of food packaging to which phthalates have been intentionally introduced, effective January 1, 2022. It also authorizes the Department of Environmental Protection to by rule prohibit the sale of food packaging to which perfluoroalkyl and polyfluoroalkyl substances, or PFAS, have been intentionally introduced upon a determination by the department that a safer alternative to the intentionally introduced PFAS is available, except that such prohibition may not take effect until January 1, 2022 or 2 years following the department's determination that a safer alternative is available, whichever is later.

The bill provides an exemption from these prohibitions for a manufacturer of a food or beverage product that has annual national sales of all food and beverage products produced by the manufacturer of less than one billion dollars. It also authorizes the department to designate additional chemicals of concern in food packaging; to require manufacturers of food packaging that use such designated chemicals to report regarding its use of the chemical and the availability of safer alternatives; and to prohibit the sale of food packaging to which a designated chemical of concern has been intentionally introduced if safer alternatives are reasonably available, effective and affordable to the consumer.