California introduces regulations to
restrict perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food contact
materials and articles derived from plant fibers. The law also requires the
disclosing of designated chemicals contained in cookware.
The State Governor sighed AB 1200 into law
on October 5, 2021. It adds a new Chapter 15 ‘Chemicals of Concern in Food
Packaging and Cookware’, commencing with Section 109000, to the state’s Health
and Safety Code in Part 3 of Division 104.
Under the terms of the law, PFAS will be restricted
to less than 100 ppm (as total organic fluorine). PFAS are a family of
fluorinated organic chemicals containing at least one fully fluorinated carbon
atom. It applies to food packaging that is substantially made of paper,
paperboard, or from materials using fibers derived from plants and includes
eating utensils, food boxes, food or beverage containers, liners, serving
vessels, straws, take-out food containers, unit product boxes, wrappers and
disposable plates, bowls and trays.
The law also requires the disclosure of
specified chemicals contained in the cookware handle or surfaces that may come
into contact with food, foodstuffs or beverages. The designated list contains
substances that have been identified as candidate chemicals, exhibiting a
hazard trait or an environmental or toxicological endpoint that meets the
criteria in regulations adopted by the Department of Toxic Substances Control (DTSC)
pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of
Division 20. This is published on the DTSC’s website.
Disclosure must be done online (in the
sale listing) and/or on the product label.
Online disclosure requires:
- List of designated
chemicals contained in the cookware - Names of
the authoritative list(s) referenced by the DTSC in compiling the designated
list on which each chemical is present - Link to
internet website for the authoritative list(s) in point 2
[if !supportLists]
Product labels should contain the
introductory phrase, ‘This product contains:’, followed by a bi-lingual
statement (English and Spanish) reading ‘For more information about chemicals
in this product, visit’. This must then be followed by both of the following:
- Internet
website address or a web page that provides all of the information in online
disclosure - Quick
response (QR) code or other machine-readable code, consisting of an array of
squares, used for storing an internet website for a web page that provides all
of the information in the online disclosure requirements
[if !supportLists]
Cookware exemptions must meet both of
these criteria:
- Surface
area of the cookware is less than 2 square inches - Cookware
does not have:- Exterior
container or wrapper on which a product label can appear or be affixed - Tag or
other attachment with information about the product attached to the cookware
- Exterior
[if !supportLists]
Cookware is defined as durable and used in
homes and restaurants to prepare, dispense, or store food, foodstuffs, or
beverages – includes baking molds, baking sheets, bowls, grills, pans, pots,
skillets, trays and cooking utensils.
The new regulations come into effect on
January 1, 2023.
SGS Food Contact Materials 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. In the end, it’s only trusted because it’s tested. Learn more about SGS’s Food Contact
Materials Services.
SGS SafeGuardS keep you up to date with the
latest news and developments in the consumer goods industry. Read the full California,
USA, Regulates PFAS in Certain Food Packaging and Requires Information for
Cookware SafeGuardS.
Subscribe here to receive SGS SafeGuardS direct to your inbox.
For further information contact:
Dr. Hingwo Tsang
Global Information and Innovation Manager
Tel: (+852) 2774 7420
Email: crs.media@sgs.com
Website: www.sgs.com/hardlines
LinkedIn: sgs-consumer-goods-&-retail
About SGS
We are SGS – the world’s leading testing, inspection and
certification company. We are recognized as the global benchmark for quality
and integrity. Our 93,000 employees operate a network of 2,600 offices and
laboratories, working together to enable a better, safer and more
interconnected world.