Washington State Bans PFAS in Food Packaging

Washington State Department of Ecology (DoE) has announced that per- and polyfluoroalkyl substances (PFAS) in five additional types of food packaging will be banned beginning May 2024.

Background: A 2018 amendment to Washington’s Toxics in Packaging Law included a ban on PFAS in food packaging that was to become effective in January 2022, if less toxic chemicals and nonchemical alternatives were identified by January 2020, via an Alternatives Assessment. But, if less toxic chemicals and nonchemical alternatives were not identified by January 2020, then the ban would take effect two years after safer alternative products are identified and reported to the state.

In March 2021, the DoE announced its first Alternatives Assessment Report for PFAS in food packaging, which determined that PFAS alternatives are available for the following four types of packaging: wraps and liners, plates, food boats and pizza boxes.

Definitions per the law (RCW 70A.222.010):
Food packaging: “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.”
PFAS: having at least one fully fluorinated carbon atom.

Summary of Second Alternative Assessment Report:
Washington’s DoE recently released its second Alternatives Assessment Report for PFAS in food packaging after determining that safer alternatives to PFAS exist for five additional types of packaging. The assessment took into consideration chemical hazards, exposure, performance, cost, and availability of alternative materials. The DoE determined that PFAS alternatives are available for the following five types of packaging:

Type of Packaging:	Alternative:
Bags and sleeves	Densified paper and wax-coated options
Bowls	Clay-coated, polylactic acid-coated, polylactic acid foam, and reusable options
Flat serviceware	Clay-coated, polylactic acid-coated, polylactic acid foam, and reusable options
Open-top containers	Clay-coated, densified paper, wax-coated, polylactic acid-coated, polylactic acid foam, aluminum, and reusable options
Closed containers	Clay-coated, polylactic acid-coated, polylactic acid foam, and aluminum options

Timeline:
• 2022: The DoE will continue the alternatives assessment process. Upcoming alternatives assessments will focus on alternatives to PFAS in other types of food packaging, such as packaging that is used to store food for longer periods of time.
• 2023: The DoE will begin enforcement of the restrictions on PFAS-containing food packaging for the initial four food packaging applications (wraps and liners, plates, food boats and pizza boxes).
• 2024: The DoE will begin enforcement of the restrictions on PFAS-containing food packaging for the five applications in the above chart.

Additional Information: https://apps.ecology.wa.gov/publications/documents/2204006.pdf

For information regarding the first Alternative Assessment:
• Washington State Bans PFAS in Four Types of Food Packaging (March 2021)

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