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Maine Signs into Effect Rule Prohibiting PFAS in Nine Food Packaging Types

SafeGuardSHardgoodsMay 07, 2024

SG 62/24

In 2019, the US state of Maine signed into effect LD 1433, authorizing Maine’s Department of Environmental Protection (DEP) to prohibit by rule food packaging to which perfluoroalkyl and polyfluoroalkyl substances (PFAS) have been intentionally added, if safer alternatives have been determined to be available (SafeGuardS 89/19).

In August 2023, the Maine DEP made available a proposal to prohibit nine types of food packaging made from paper, paperboard or other materials derived from plant fibers (SafeGuardS 99/23), if they contain intentionally added PFAS.  After the proposal went through one update and two comment periods (SafeGuardS 147/23), the rule was signed into law by the governor on March 25, 2024, becoming effective immediately. The major substantive portion of the rulemaking - section 5 – establishes the sales prohibition on the use of intentionally added PFAS to the nine types of food packaging and is being added to ‘Chapter 80: Reduction Of Toxics In Packaging‘.

The nine types of food packaging are:

  • Bags and sleeves
  • Bowls
  • Closed containers
  • Flat service ware
  • Food boats
  • Open-top containers
  • Pizza boxes
  • Plates
  • Wraps and liners

Per Maine law, manufacturers with less than USD 1 billion of total annual national sales of food and beverage products are exempt from those prohibitions.

Apart from the prohibitions on PFAS, Maine’s ‘Chapter 80: Reduction Of Toxics In Packaging’ also restricts the sum of the heavy metals lead, cadmium, mercury and chromium (VI) to a maximum concentration of 100 ppm in any kind of packaging material and prohibits the intentional addition of phthalates to food packaging – both measures already being in effect.

With facilities accredited to ISO, Australian, European and US standards, and experts covering every region of the globe, SGS is the number one choice for accurate, innovative solutions to PFAS testing. Whether you require rapid turnaround times, short-list remediation analysis or wider investigations of tissue and serum matrices, we have the capabilities to ensure your project is accurately and efficiently completed. Contact us for more information on PFAS testing or visit our website. In the end, it’s only trusted because it’s tested.

© SGS Société Générale de Surveillance SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.

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