California has approved measures to regulate PFAS in food contact materials and articles derived from plant fibers as well as requiring information for cookware. The provisions in the new law will be implemented in phases, starting January 1, 2023.
On October 5, 2021, the governor of the US state of California signed AB 1200 into law to restrict PFAS in plant-based food packaging and require the disclosure of a designated list of chemicals in cookware. The new law adds new Chapter 15 ‘Chemicals of Concern in Food Packaging and Cookware’ (commencing with Section 109000) to the state’s Health and Safety Code in Part 3 of Division 104, relating to product safety.
According to the definitions in the new law, ‘Food packaging’, ‘PFAS’, ‘Cookware’ and ‘Designated list’ have the following meaning:
- Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a family of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
- Food packaging means a nondurable package, packaging component, or food service ware that is substantially comprised of paper, paperboard, or other materials originally derived from plant fibers. It includes eating utensils, food boxes, food or beverage containers, liners, serving vessels, straws, take-out food containers, unit product boxes, wrappers and disposable plates, bowls, or trays
- Cookware means durable houseware items that are used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. These include baking molds, baking sheets, bowls, grills, pans, pots, skillets, trays and cooking utensils
- Designated list means the list of chemicals identified as candidate chemicals that exhibit a hazard trait, or an environmental or toxicological endpoint that meets the criteria in regulations adopted by the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20, and is published on the DTSC’s internet website
Highlights of the new law are summarized in Table 1.
California AB 1200 (Chapter 503) 2021-2022 Session | |||
|---|---|---|---|
Substance | Scope | Requirement | Effective Date |
PFAS | Food packaging substantially made of paper, paperboard, or derived from plant fibers | Prohibited if either intentionally added that has a functional or technical effect, or ≥ 100 ppm (as total organic fluorine) | January 1, 2023 |
Designated list of chemicals | In handle of cookware or any cookware surface that comes into contact with food, foodstuffs or beverages | Posting of information on internet website for cookware listing for online sales1 | January 1, 2023 |
List their presence on product label2,3 | January 1, 2024 | ||
1All of the following is required to be posted – a) list of chemicals in the cookware that are also in the designated list, b) names of the authoritative list(s) referenced by DTSC in compiling the designated list on which each chemical is present and c) link to internet website for the authoritative list(s) in point b | |||
Table 1
SGS technical experts have extensive knowledge and testing experience in materials and articles in contact with food. They work to ensure that your products meet the appropriate regulations for food contact materials, paving the way for compliance. From overall migration tests to expert advice on emerging regulations, compliance issues and documentation review, SGS is the partner to trust. In the end, it’s only trusted because it’s tested. Discover more on our website and read our brochure.
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