PFAS in food packaging
Certain types of food packaging that have per- and polyfluoroalkyl substances (PFAS) intentionally added to them may not be manufactured, sold, or distributed in Washington as of 2023 according to a food packaging prohibition (RCW 70A.222.070).
The ban applies to certain food packaging types made of:
- Paper or other plant fiber
AND - Have PFAS intentionally added.
Food packaging manufacturers must have a certificate of compliance available and on file, asserting their products meet the criteria of the law or are exempt from this law.
How can businesses comply with the ban?
As of Feb. 1, 2023:
Food packaging manufacturers, distributors, and retailers may not manufacture, sell, or distribute:
- Wraps.
- Plates.
- Food boats.
- Pizza boxes.
As of May 1, 2024:
Food packaging manufacturers, distributors, and retailers may not manufacture, sell, or distribute:
- Bags and sleeves.
- Bowls.
- Flat serviceware, including items like plates and trays.
- Open-top containers, including items like french fry cartons and food cups.
- Closed containers, including items like clamshells.
Businesses that purchase any of the above products can ask the manufacturer for their certificate of compliance.
Certificates of compliance are required for food packaging manufacturers
Manufacturers that produce any of the restricted food packaging must have a certificate of compliance (RCW 70A.222.040) on file. Keep the certificate as long as the packaging is in use, and for three years after its last sale or distribution. Certificates must be provided if requested.
For convenience, food packaging manufacturers may use these certificates of compliance:
- Certificate of compliance #1: For manufacturers of wraps, plates, food boats, or pizza boxes.
- Certificate of compliance #2: For manufacturers of bags and sleeves, bowls, flat serviceware, open-top containers, or closed containers.
Frequently asked questions
Related links
Contact information
Kathleen Gilligan
360-764-0594
kathleen.gilligan@ecy.wa.gov