Keep Food Containers Safe from PFAS Act of 2026
- Sponsor
- Sen. Hassan, Margaret Wood [D-NH]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Sep 24, 2026
Bottom line
This bill bans intentionally added PFAS chemicals in food packaging sold across state lines, aiming to reduce consumer exposure to these substances and mitigate environmental contamination.
What it actually does
This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale or distribution of food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in interstate commerce. The prohibition is set to take effect on January 1, 2028, providing a transition period for industry.
Proponents argue
Supporters argue this bill is a crucial step to protect public health and the environment by eliminating harmful 'forever chemicals' from a common source of exposure: food packaging. They contend that a federal ban provides a clear, uniform standard for industry, reducing the proliferation of these persistent and potentially toxic substances in the food supply chain and waste streams.
Opponents contend
Opponents might argue that a broad federal ban could impose significant economic burdens on manufacturers, potentially disrupting supply chains and increasing costs for consumers. They may also contend that industry needs more time or flexibility to develop and implement suitable alternatives, or that the health risks associated with all PFAS are not uniformly established to warrant such a comprehensive prohibition.
The bill is exceptionally short and clearly written, making it very accessible for any reader to understand its core purpose and provisions quickly.
Section 2(a) amending Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331)
Prohibition of Intentionally Added PFAS in Food Packaging
This provision makes it illegal to introduce or deliver food packaging containing intentionally added PFAS into interstate commerce. It defines 'PFAS' broadly as any man-made perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, ensuring a comprehensive scope for the ban.
Supporters argue
Proponents argue that this direct prohibition is essential for public health, as it removes a significant source of PFAS exposure from daily life. They contend that a clear, federal standard is necessary to drive innovation towards safer packaging materials and prevent a patchwork of state-level regulations.
Critics contend
Opponents may argue that the broad definition of PFAS could be overly restrictive, potentially banning substances that pose minimal risk or for which viable, cost-effective alternatives are not yet widely available. They might also raise concerns about the economic impact on industries reliant on PFAS for specific packaging functionalities.
Tradeoffs
The provision balances the imperative of public health and environmental protection against potential economic disruptions for the food packaging industry and the possibility of increased costs for consumers or reduced packaging performance.
Section 2(b)
Applicability Date of Prohibition
This subsection specifies that the prohibition on intentionally added PFAS in food packaging will become effective on January 1, 2028. This provides a transition period of over 15 months from the bill's introduction date for affected industries to adapt to the new requirements.