Business

Hawaii Governor Signs PFAS Bill into Law  

Jul. 7 2022

Hawaii’s Governor approved Bill HB 1644.  This Act:
• Prohibits the manufacture, sale, or distribution for sale or use of wraps and liners, plates, food boats,  and pizza boxes that contain PFAS; and 
• Prohibits the manufacture, sale, distribution, and use of class B firefighting foams that contain PFAS, with certain exceptions. 

Definitions in the Act
• “Class B firefighting foam”: foams designed to suppress flammable liquid fires. 
• “Food packaging”: a package or packaging component that is applied to or in direct contact with any food or beverage and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
• “Intentionally introduced”: deliberately utilized PFAS in the formulation of a package or packaging component where the continued presence of the PFAS is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality. 

Summary
Food packaging: Beginning December 31, 2024, it will be prohibited to manufacture, sell, offer for sale, distribute for sale, or distribute for use in any food packaging which PFAS chemicals have been intentionally introduced in any amount. Specifically, the regulated food packaging applies to wraps and liners, plates, food boats, and pizza boxes. 

Class B Firefighting foam: Manufacturers of class B firefighting foam prohibited by this law must notify, in writing anyone who sells the manufacturer’s products in Hawaii about the requirements of this law no later than January 1, 2023.  A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited by this law must recall the product and reimburse the purchaser. The state may request a certificate of compliance from a manufacturer of class B firefighting foam that attests that a manufacturer’s products meet the requirements of this part of the bill. 

Beginning July 1, 2024, it will be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes any class B firefighting foam that contains intentionally introduced PFAS chemicals. Also starting July 1, 2024, it will be unlawful to use for training or testing purposes class B firefighting foam that contains intentionally introduced PFAS chemicals.   

This Act will take effect on July 1, 2022. 

For full details, please see the following link: https://www.capitol.hawaii.gov/session2022/bills/HB1644_CD1_.pdf 

Related Regulatory Updates
Colorado Governor Signs PFAS Bill into Law  (June 2022)
Washington State Bans PFAS in Food Packaging (May 2022)
Maryland Prohibits PFAS in Food Packaging, Rugs, Carpets and Fire Fighting Foam (May 2022)
PFOA, PFOS, PFAS Update (March 2022) 

How Does this Impact You? Contact Us to Discuss 
Bureau Veritas can help verify that your products will meet your customer’s expectations as well as all applicable regulations. We can help you reduce cost and time-to-market, minimize the risk of recalls and returns, increase sales and customer satisfaction, and eliminate previously unidentified threats to your company’s reputation. Our services help to protect both your bottom line and your peace of mind.  
If you have any questions on these final rules, please contact your customer service representative or email: info@us.bureauveritas.com
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