Washington State, U.S., Prohibits PFAS in Certain Food Packaging

In 2018, the governor of the U.S. state of Washington signed ESHB 2658 into law to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging. According to the definitions in the law, food package means ‘a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.’

The law, recodified as RCW 70A.222.070, authorized the Department of Ecology (DOE) to conduct an alternatives assessment and publish its findings by January 1, 2020. The ban on PFAS in food packaging will become operative on January 1, 2022 if the DOE determines that there are safer alternatives available for specific food packaging applications. If the DOE does not find safer alternatives for some or all categories of food packaging, it must review and report on alternatives starting January 1, 2021 and annually thereafter. The prohibition of PFAS in specific food packaging applications will become effective two years after safer alternatives are available in the findings and they have been submitted to the Legislature.

In February 2021, the DOE published its ‘Per- and Polyfluoroalkyl Substances in Food Packaging Alternatives Assessment’ and submitted ‘Safer Alternatives to PFAS in Food Packaging’ to the legislature. The alternatives assessment report found that safer alternatives are available for four specific applications – food boats, pizza boxes, plates & wraps, and liners (Table 1.).

Table 1. Safer alternatives identified for specific food packaging applications

The DOE did not complete the alternatives assessment by January 1, 2020. It will develop on the information from the first alternatives assessment and commence another alternatives assessment for six remaining types of food packaging:

• Bags and sleeves
• Bowls
• Clamshells
• French fry cartons
• Interlocking food containers
• Trays 

By submitting the alternatives assessment report to the legislature, the prohibition of PFAS in four types of food packaging derived from plant fibers will become effective in February 2023. Highlights of this are summarized in Table 2.

Table 2

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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