SB 6396 — Concerning the use of perfluorinated chemicals in food packaging.

S-4594.1SUBSTITUTES-3518.2SENATE SENATE BILL 6396State of Washington65th Legislature2018 Regular SessionBy Senate Agriculture, Water, Natural Resources & Parks (originally sponsored by Senators Wellman, Carlyle, McCoy, Van De Wege, Billig, Chase, Keiser, and Kuderer)READKudererRead FIRSTfirst TIMEtime 02/02/18.AN01/15/18. ACT Relating to the use of perfluorinated chemicals in food packaging;

Referred to Committee on Agriculture, Water, Natural Resources & Parks.AN ACT Relating to the use of perfluorinated chemicals in food packaging;

"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.(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) "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.(4) "Food package" means a package or packaging component that is intended for directthe foodmarketing, contactprotection, andor ishandling comprised,of ina substantialproduct part,intended offor paper,food paperboard,contact or otherused materialsto originallystore derivedfood fromand plantfoodstuffs fibers.(5)for sale.(5) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(6) "Safer alternative" means an alternative substance or chemical, demonstrated by an alternatives assessment, that meets improved hazard and exposure considerations and can be practicably and economically substituted for the original chemical.NEW SECTION.  Sec. 2.  A new section is added to chapter 70.95G RCW to read as follows:(1) Beginning January 1, 2022,2021, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS chemicals have been intentionally added in any amount.

and(c) Includes, at a minimum, an evaluation of chemical hazards, exposure, performance, cost, and availability.(3) By January 1, 2020, the department of ecology must publish its findings in the Washington State Register on whether a safer alternative to PFAS chemicals in specific applications of food packaging is available for each assessed application and submit a report with the findings to the appropriate committees of the legislature.(4) The prohibition on the use of PFAS chemicals in food packaging:(a) Becomes effective January 1, 2022,2021, if the report required under subsection (3) of this section finds that a safer alternative is availableavailable;(b) for specific food packaging applications;(b) Does not take effect January 1, 2022,2021, if the report required under subsection (3) of this section does not find that a safer alternative is availableavailable.(5) for specific food packaging applications.(5) If the department of ecology does not find that a safer alternative is availableavailable, for some or all categories of food packaging applications, beginning January 1, 2021, and each year following, the department of ecology must review and report on alternatives as described in subsection (2) of this section.

The prohibition in this section for specific food packaging applications takes effect twoone yearsyear after a report submitted to the legislature required under subsection (3) of this section finds that a safer alternative is available.Sec. 3.  RCW 70.95G.040 and 1991 c 319 s 110 are each amended to read as follows:((By July 1, 1993,)) A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer.

For food packaging, a manufacturer shall develop a compliance certificate bywithin theone dateyear of athe prohibition takingbecoming effecteffective as required under section 2 of this act.