The US state of Maine’s Department of Environmental
Protection (DEP) has published a draft list of food contact chemicals of high
concern.
The state approved LD 1433 to reduce toxic chemicals
in food packaging in June 2019. It contained various provisions, including:
- Prohibition on
phthalates in food packaging (including plastic service gloves) - Authorization to the
DEP to prohibit perfluoroalkyl and polyfluoroalkyl substances (PFASs) in food
packages by rule, subject to the availability of safer alternatives - Direction to DEP to
publish a list of no more than ten food contact chemicals of high concern
(FCCHCs) - Authorization to the Commissioner
of Environmental Protection (CEP) to designate an FCCHC as a priority food
contact chemical (PFCC) for reporting purposes
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The DEP has now announced its draft FCCHC criteria for
public comment. The list includes:
- Bisphenol A (BPA), Bisphenol B (BPB), Bisphenol S (BPS), Bisphenol F (BPF)
– reportable as one group of substances - 4-Octylphenol
- Octamethyl cyclotetrasiloxane
- Toluene
- Styrene
- Benzene
- Methylenedianiline
- Methyl paraben, Ethyl paraben, Propyl paraben, Butyl paraben – as one
chemical family - Benzophenone
- Nonylphenol
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The draft document states that the DEP may elevate an
FCCHC to priority status if it meets certain criteria. Manufacturers and
distributors of food packaging containing a chemical on the PFCC list, in a
concentration greater than the de minimis level, must disclose this
information to the DEP within 180 days.
The law defines ‘de minimis level’ as:
- For an FCCHC or a
PFCC that is an intentionally added chemical in a food package, the practical
quantification limit (PQL), or - For an FCCHC or a
PFCC that is a contaminant present in a food package, a concentration of 100
ppm
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Comments on the draft were accepted by the DEP until
March 10, 2021.
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