California Adopts New Food Contact Packaging Restrictions and Cookware Labeling Requirements

A look at new Californian cookware labeling requirements and PFAS restrictions for food packaging. End Quote

(1888PressRelease) October 21, 2021 - 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:
1. List of designated chemicals contained in the cookware
2. Names of the authoritative list(s) referenced by the DTSC in compiling the designated list on which each chemical is present
3. Link to internet website for the authoritative list(s) in point 2

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:
1. Internet website address or a web page that provides all of the information in online disclosure
2. 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

Cookware exemptions must meet both of these criteria:
1. Surface area of the cookware is less than 2 square inches
2. 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

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.

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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. [www.sgs.com/en/news/2021/10/safeguards-14021-california-usa-regulates-pfas-in-certain-food-packaging]

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For further information contact:

Dr. Hingwo Tsang
Global Information and Innovation Manager
Tel: (+852) 2774 7420
Email: crs.media ( @ ) sgs dot com
Website: www.sgs.com/hardlines
LinkedIn: sgs-consumer-goods-&-retail

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