2019 -- H 5565

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LC001920

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY - PFAS IN FOOD PACKAGING

     

     Introduced By: Representatives Marszalkowski, Cortvriend, and Caldwell

     Date Introduced: February 27, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 25.6

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PROHIBITION OF PFAS IN FOOD PACKAGING ACT

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     23-25.6-1. Short title.

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     This chapter shall be known and may be cited as the "Prohibition of PFAS in Food

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Packaging Act".

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     23-25.6-2. Legislative findings.

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     It is recognized and acknowledged by the general assembly that:

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     (1) PFAS are highly persistent chemicals that are transported long distances in the

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environment.

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     (2) United States manufacturers have voluntarily worked to reduce releases of long-chain

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PFAS due to their toxic effects on human health.

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     (3) The PFAS with fewer than eight (8) carbon-fluorine bonds currently being used as

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alternatives to PFOA and PFOS are also highly persistent and subject to long-range transport. In

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addition, the alternative PFAS have similar potential for harm as the long-chain PFAS.

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     (4) Over two hundred (200) scientists from all over the world have signed a statement

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calling for governments to limit the use of PFAS while studies determine the safety of these

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chemicals, given their persistence in the environment, potential for harm, and lack of adequate

 

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data proving safety.

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     (5) Food packaging contains PFAS in order to resist grease and other fats from sticking to

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the paper packaging.

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     (6) Alternatives are already in use in food packaging.

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     23-25.6-3. Definitions.

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     As used in this chapter:

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     (1) "Food package" means a package or packaging component that is intended for the

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marketing, protection, or handling of a product intended for food contact or used to store food and

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foodstuffs for sale.

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     (2) "Manufacturer" means a person, firm, association, partnership, government entity,

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organization, joint venture, or corporation that applies a package to a product for distribution or

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sale.

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     (3) "Package" means a container providing a means of marketing, protecting, or handling

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a product and shall include a unit package, an intermediate package, and a shipping container.

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"Package" also means and includes unsealed receptacles such as carrying cases, crates, cups,

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pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

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     (4) "Packaging component" means an individual assembled part of a package such as, but

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not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior

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strapping, coatings, closures, inks, and labels.

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     (5) "PFAS" means perfluoroalkyl and polyfluoroalkyl substances, a class of fluorinated

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organic chemicals containing at least one fully fluorinated carbon atom.

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     23-25.6-4. Prohibition of PFAS in food packaging.

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     No person may manufacture, knowingly sell, offer for sale, distribute for sale, or

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distribute for use in this state food packaging to which PFAS have been intentionally added in

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any amount.

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     23-25.6-5. Penalties.

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     Any person who violates any provisions of this chapter shall be subject to a fine of not

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more than one thousand dollars ($1,000) for each offense.

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     SECTION 2. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PFAS IN FOOD PACKAGING

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     This act would prohibit PFAS, a class of fluorinated organic chemicals, from being used

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in food packaging.

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     This act would take effect on January 1, 2020.

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