HOUSE DOCKET, NO. 3750        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3839

The Commonwealth of Massachusetts

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PRESENTED BY:

Jack Patrick Lewis

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to ban the use of PFAS in food packaging.

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PETITION OF:

HOUSE DOCKET, NO. 3750        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3839

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to ban the use of PFAS in food packaging.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The general court hereby finds and declares that:-

(i) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are highly persistent chemicals that are transported long distances in the environment.

(ii) U.S. manufacturers have voluntarily worked to reduce releases of long-chain PFASs due to their toxic effects on human health.

(iii) The PFAS with fewer than 8 carbon-fluorine bonds currently being used as alternatives to PFOA and PFOS are also highly persistent and subject to long-range transport. In addition, the alternative PFAS have similar potential for harm as the long-chain PFAS.

(iv) Over 200 scientists from all over the world have signed a statement calling for governments to limit the use of PFAS while studies determine the safety of these chemicals, given their persistence in the environment, potential for harm, and lack of adequate data proving safety.

(v) Food packaging contains PFAS in order to resist grease and other fats from sticking to the paper packaging.

(vi) Alternatives are already in use in food packaging.

SECTION 2. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 5R the following section:–

Section 5S. (a) For the purpose of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Food package" or “Food packaging”, a package or packaging component that is intended for the marketing, protection, or handling of a product intended for food contact or used to store food and foodstuffs for sale.

"Manufacturer", a person, firm, association, partnership, government entity, organization, joint venture, or corporation that applies a package to a product for distribution or sale.

"Package", a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. "Package", means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.

"Packaging component", an individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels.

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS", a class of fluorinated organic chemicals containing at least fully fluorinated carbon atom.

(b) No person may manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in Massachusetts food packaging to which PFAS have been intentionally added in any amount.

(c) Any person who manufactures, sells, offers for sale or distributes food packaging to which PFAS have been knowingly added in any amount in violation of this section shall be punished by a fine of not less than $100 and not more than $500 for each 24 hour period during which such violation occurs. The department of public health may seize any food packaging held for sale or distribution in violation of this section. The seized food packaging shall be forfeited.

(d) A manufacturer of food packaging that is sold, offered for sale, distributed for sale or distributed for use in Massachusetts shall prepare and, at the request of the department, submit to the department no more than 30 days after the date of the request, technical documentation or other information showing that the food packaging is in compliance with the requirements of this section.