What Minnesota's PFAS Food Packaging Ban Entails

Minnesota is the latest state to pass legislation relating to PFAS chemicals. The new law, which will take effect on Jan. 1, 2024, outlaws food packaging where PFAS chemicals were deliberately added.

PFAS chemicals are commonly used on packaging to resist grease or create a waterproofing effect for paper food wrappers, pizza boxes, and takeout containers. Minnesota will become one of 12 states that will have banned these chemicals in food packaging as of 2024 — alongside California, Colorado, Connecticut, Hawaii, Maryland, Maine, New York, Oregon, Rhode Island, Vermont, and Washington.

The law in Minnesota will not only cover PFAS chemicals used for lining and protection, but also any inks used for branding.

"The law applies to everything from the inks used on food and beverage containers to the interior or exterior blocking, bracing, cushioning, weatherproofing, tape, shrink wrap, or strapping used to protect the containers during shipping," the Minnesota Pollution Control Agency (MPCA) said, according to the Grand Forks Herald.

The Grand Forks Herald also reported that Minnesota's particular PFAS law "is far-reaching, allowing no exemptions, no minimum limit for PFAS and no cap to potential fines."

Both brands that use PFAS chemicals in their products, like fast food brands; and manufacturers like 3M, have made announcements to phase out PFAS chemicals in favor of PFAS-free alternatives for packaging and other products. Alternatives include wax- or clay-coated paper and boxes.

Minnesota's law defines PFAS as "A class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom," and manufacturers can continue using PFAS in some processes (for now), meaning that any PFAS found in food containers that was not deliberately added or not added for a specific purpose will be allowed under the letter of the law.

PFAS is arguably one of the hottest topics in the print and promotional products spaces right now, as suppliers and distributors are keeping watch on evolving legislation across the country and world. Environmental activism has meant more people are aware of PFAS chemicals and their potential effects, too.

"It is clear we cannot clean our way out of this issue," MPCA assistant commissioner Kirk Koudelka told the Grand Forks Herald. "So how can we work on preventing PFAS pollution? Because it is the least costly and helps remove all the negative impacts we're seeing as we get further into management and cleanup."

Starting in the new year, the MPCA can request documentation of compliance at any time to enforce compliance with other state health and commerce departments.

Penalties will range from a warning letter to a fine, which will be assessed based on environmental and health hazards, willfulness and culpability, according to the Grand Forks Herald.

Minnesota also said that by 2032, just about every intentional use of PFAS will be banned in Minnesota, aside from medical uses or "currently unavoidable uses."