SG 088.22
Hawaii has become the latest US jurisdiction to regulate PFAS in certain consumer products. The prohibition of PFAS in specific categories of food packaging will become effective on December 31, 2024.
In June 2022, the governor of Hawaii signed HB 1644 (Act 152) into law to regulate PFAS in Class B firefighting foams and certain food packaging.
The new law prohibits intentionally added PFAS in Class B firefighting foams and four types of food packaging derived from plant fibers. These four categories of food packaging are essentially identical to those in the 2021 Washington Department of Ecology first alternatives assessment report where safer alternatives were available for food boats, pizza boxes, plates and wraps and liners (SafeGuards 73/22).
According to the definitions in the new law, perfluoroalkyl and polyfluoroalkyl substances (PFAS) mean all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Act 152 became effective on July 1, 2022
Highlights of the new law are summarized in Table 1.
Hawaii Act 152 (HB 1644, 2022) Relating to Environment Protection
| Substance | Scope | Requirement | Effective Date |
|---|---|---|---|
| PFAS (intentionally added) | Class B firefighting foam | Manufacturers to notify sellers of manufacturer’s products about the requirements | By January 1, 2023 |
| PFAS (intentionally added) | Class B firefighting foam | Prohibited | July 1, 2024 (discharge or otherwise use for training or testing purposes) |
| PFAS (intentionally added) | Class B firefighting foam¹ | Prohibited, unless the use is for suppression of a petroleum fire | July 1, 2024 (manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes) |
| PFAS (intentionally added) | Food packaging comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers: • Food boats • Pizza boxes • Plates • Wraps and liners | Prohibited | December 31, 2024 |
¹Exempt if PFAS is required by federal law or regulations. If federal law or regulations are amended after July 1, 2022 to allow the use of alternative firefighting agents that do not contain PFAS chemicals, the department may adopt rules that also restrict PFAS chemicals for those applications.
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.
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