Regulatory News

Rhode Island Governor Signs PFAS Food Packaging Bill into Law

Jul. 26 2022

Rhode Island’s Governor approved Bill HB 7438 (SB 2044), amending the state’s "Toxic Packaging Reduction Act".  These Bills added perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the list of chemicals.
     •The Toxic Packaging Reduction Act originally included requirements for lead, mercury, cadmium, and
    hexavalent chromium in all packaging.
     •The amendment adds both perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the law, however it is
    limited to just food packaging. 

Definitions in the Act
•"Food packaging": any package or packaging component that is applied to or in direct contact with any food or beverage.

•"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS": all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

•"Intentional introduction of PFAS": deliberately utilizing PFAS in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

Summary
Food packages with PFAS intentionally added during manufacturing or distribution in any amount cannot be sold by a manufacturer or distributor in the state of Rhode Island.  In addition, substitute materials cannot used to replace the regulated chemicals in a package or packaging component which could create a hazard as great as or greater than the hazard created by the chemical regulated by this act. The certificate of compliance required by the law provides an assurance to this effect.

The use of post-consumer recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the post-consumer package or packaging component may contain PFAS but is neither desired nor deliberate, is not considered intentional introduction and is exempt from this requirement until July 1, 2027.

The state will establish and implement a regional or multi-state clearinghouse to assist in carrying out the requirements of this law and to coordinate reviews of the regulatory applicability, certificates of compliance, education and outreach activities. 

This effective date is January 1, 2024.

For full details, please see the following links: 
http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H7438A.pdf
http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2044A.pdf

Related Regulatory Updates: 
Hawaii Governor Signs PFAS Bill (July 2022)
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)

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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