December 23, 2020 - New York State has signed into law a prohibition on adding perfluoroalkyl and polyfluoroalkyl substances (PFAS substances) to some food packaging materials and articles.

The governor signed into law S8817 (companion A4739-C) on December 2, 2020. It amends the state’s Environmental Conservation Law and adds new § 37-0209 to prohibit PFAS substances in food packaging. The scope of the law covers food packaging made, predominantly, from paper, paperboard or other materials derived from plant fibers.

Definitions within the law include:

• ‘Food Packaging’ – package or packaging component that is intended for direct food contact and is mainly comprised of paper, paperboard, or other materials originally derived from plant fibers
• ‘PFAS substances’ – means ‘perfluoroalkyl and polyfluoroalkyl substances’, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
• ‘Intentionally added’ chemical – means a chemical in a product that serves an intended function in the product component

PFAS substances are added to a wide variety of products to provide anti-stain, water, grease, oil and/or dirt repelling properties. In the context of food contact materials, they are known to be included in products such as fast-food containers, microwave popcorn bags, non-stick cookware, and paper wrappers for sandwiches and butter.

The new law will come into effect on December 31, 2022.

SGS Food Contact Material Services
SGS’s technical experts have extensive experience of testing materials and articles in contact with food. They can ensure that your products meet the appropriate regulations for food contact materials and pave the way for compliance. SGS offers the full range of testing, including migration tests, along with expert advice on emerging regulations, compliance issues and documentation review. Learn more about SGS’s Food Contact Material Services. [http://www.sgs.com/fcm]

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full New York State Regulates PFAS Substances in Certain Food Packaging SafeGuardS. [www.sgs.com/en/news/2020/12/safeguards-17920-new-york-state-regulates-pfas-substances-in-certain-food-packaging]

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