2019 -- H 5565

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LC001920

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY - PFAS IN FOOD PACKAGING

     Introduced By: Representatives Marszalkowski, Cortvriend, and Caldwell

     Date Introduced: February 27, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 25.6

PROHIBITION OF PFAS IN FOOD PACKAGING ACT

     23-25.6-1. Short title.

     This chapter shall be known and may be cited as the "Prohibition of PFAS in Food

Packaging Act".

     23-25.6-2. Legislative findings.

     It is recognized and acknowledged by the general assembly that:

     (1) PFAS are highly persistent chemicals that are transported long distances in the

environment.

     (2) United States manufacturers have voluntarily worked to reduce releases of long-chain

PFAS due to their toxic effects on human health.

     (3) The PFAS with fewer than eight (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.

     (4) Over two hundred (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.

     (5) Food packaging contains PFAS in order to resist grease and other fats from sticking to

the paper packaging.

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

     23-25.6-3. Definitions.

     As used in this chapter:

     (1) "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.

     (2) "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.

     (3) "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.

     (4) "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.

     (5) "PFAS" means perfluoroalkyl and polyfluoroalkyl substances, a class of fluorinated

organic chemicals containing at least one fully fluorinated carbon atom.

     23-25.6-4. Prohibition of PFAS in food packaging.

     No person may manufacture, knowingly sell, offer for sale, distribute for sale, or

distribute for use in this state food packaging to which PFAS have been intentionally added in

any amount.

     23-25.6-5. Penalties.

     Any person who violates any provisions of this chapter shall be subject to a fine of not

more than one thousand dollars ($1,000) for each offense.

     SECTION 2. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PFAS IN FOOD PACKAGING

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     This act would prohibit PFAS, a class of fluorinated organic chemicals, from being used

in food packaging.

     This act would take effect on January 1, 2020.

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