SENATE DOCKET, NO. 1120        FILED ON: 2/11/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1494

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. 1120        FILED ON: 2/11/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1494

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1315 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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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, manufacturers in the United States 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 perfluorooctanoic sulfonate, known as PFOA, and perfluorooctanoic acid, known as 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.

Resolved, that the policy goals of this act shall be to limit exposure of residents of the Commonwealth to PFAS through food packaging.

SECTION 2. Chapter 94B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 10 the following section:-

Section 11. (a) As used in this section, the following words shall have the following meanings:-

“Food package", 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 which shall include a unit package, an intermediate package, a shipping container and 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", a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(b)  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 perfluoroalkyl and polyfluoroalkyl substances have been intentionally added in any amount.

(c)  A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this act shall be furnished by its manufacturer or supplier to its purchaser.  The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies thereof, shall be furnished to the department of public health upon request and to members of the public in accordance with section 9.

If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.

SECTION 3. Subsection (b) of section 2 shall take effect on January 1, 2023.

SECTION 4. Subsection (c) of said section 2 shall take effect 90 days after the effective date of this act.