SENATE DOCKET, NO. 678        FILED ON: 1/15/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1315

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael O. Moore

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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 relative to chemicals in food packaging.

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PETITION OF:

SENATE DOCKET, NO. 678        FILED ON: 1/15/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1315

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 relative to chemicals 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. Whereas, Perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, are highly persistent chemicals that are transported long distances in the environment; and

Whereas, U.S. manufacturers have voluntarily worked to reduce releases of long-chain PFASs due to their toxic effects on human health; and

Whereas, 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 and have similar potential for harm as the long-chain PFAS; and

Whereas, 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; and

Whereas, Food packaging, contains PFAS in order to resist grease and other fats from sticking to the paper packaging; and

Whereas, alternatives are already in use in food packaging.

SECTION 2. It is hereby resolved, that the policy goals of this Act shall be to limit exposure of Massachusetts residents to PFAS through food packaging.

SECTION 3. Chapter 94B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after Section 10 the following new section:-

“Section 11. (a) Definitions

The following words as used in this section shall have the following meanings:

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

"Package" means 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" also 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" means 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" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(b) Perfluoroalkyl and polyfluoroalkyl substances

Commencing January 1, 2020, no person or entity shall manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth food packaging to which PFAS have been intentionally added in any amount.