Bill Text: MI SB1072 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Food: other; use of PFAS in food packaging; prohibit. Amends 2000 PA (MCL 289.1101 - 289.8111) by adding sec. 5106.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-09-01 - Referred To Committee On Environmental Quality [SB1072 Detail]
Download: Michigan-2019-SB1072-Introduced.html
SENATE BILL NO. 1072
September 01, 2020, Introduced by Senators
IRWIN, MCCANN, BRINKS and CHANG and referred to the Committee on
Environmental Quality.
A bill to amend 2000 PA 92, entitled
"Food law,"
(MCL 289.1101 to 289.8111) by adding section 5106.
the people of the state of michigan enact:
Sec. 5106. (1) Except as otherwise
provided in this subsection, and subject to subsection (4), beginning January
1, 2022, a person shall not knowingly manufacture, sell, offer for sale,
distribute for sale, or distribute for use in this state food packaging to
which PFAS, bisphenols, or phthalates have been intentionally added in any
amount. This prohibition does not take effect unless both of the following
occur:
(a) The department determines that safer alternatives to PFAS, bisphenols, and phthalates, as they are used in food packaging, are available.
(b) By the date and in the manner required under subsection (3), the department publishes its findings in support of the determination made under subdivision (a).
(2) To determine whether safer alternatives to PFAS, bisphenols, and phthalates, as they are used in food packaging, are available, the department shall conduct an alternatives assessment as part of the chemical action plan that does all of the following:
(a) Evaluates less toxic chemicals and nonchemical alternatives to replace the use of PFAS, bisphenols, and phthalates as they are used in food packaging.
(b) Follows the Interstate Chemicals Clearinghouse Alternatives Assessment Guide, version 1.1, published by the Interstate Chemicals Clearinghouse.
(c) Includes, at a minimum, an evaluation of chemical hazards, exposure, performance, cost, and availability.
(3) By January 1, 2021, the department shall provide its findings to the legislature and make its findings available to the public on whether safer alternatives to PFAS, bisphenols, and phthalates, as they are used in food packaging, are available. The department shall submit to the legislature a report that includes its findings and the results of a peer review of the alternatives assessment conducted under subsection (2). If an alternative is a chemical, it must be a chemical that has been previously approved for food contact by the United States Food and Drug Administration through the issuance of a determination that the chemical has a reasonable certainty of causing no harm, or another form of approval.
(4) Both of the following apply to the effective date of the prohibition on the use of PFAS, bisphenols, or phthalates provided in subsection (1):
(a) If the report required under subsection (3) finds that safer alternatives are available for the types of food packaging applications specified in the report, the prohibition takes effect January 1, 2022.
(b) If the report required under subsection (3) does not find that safer alternatives are available for the types of food packaging applications specified in the report, the prohibition does not take effect January 1, 2022 and subsection (5) applies.
(5) If the department does not find in the report required under subsection (3) that safer alternatives are available for the types of food packaging applications specified in the report, beginning January 1, 2021, and each year after that, the department shall review and report to the legislature on alternatives to PFAS, bisphenols, and phthalates as they are used in food packaging, in the manner described in subsections (2) and (3). If a report submitted to the legislature under this subsection finds that safer alternatives are available, the prohibition in subsection (1) takes effect 2 years after the date of that report.
(6) A manufacturer of packaging or a packaging component shall develop a certificate of compliance stating that the packaging or packaging component is in compliance with department standards. All of the following apply to a certificate of compliance required under this subsection:
(a) A manufacturer shall develop a certificate of compliance by the effective date of any prohibition that results from the implementation of this section.
(b) An authorized official of the manufacturer shall sign the certificate of compliance.
(c) A manufacturer shall keep the certificate of compliance on file for as long as the packaging or packaging component is in use and for 3 years after the date of the last sale or distribution of the packaging or packaging component.
(d) A manufacturer shall provide a certificate of compliance or a copy of a certificate of compliance to the department upon request within 60 days.
(e) If a manufacturer is required to provide a certificate of compliance under any other law of this state, the manufacturer may develop a single certificate of compliance that contains the information required by that law and this section.
(f) If a manufacturer, that is the subject of a certificate of compliance under this subsection, reformulates or alters the packaging or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new packaging or packaging component.
(7) As used in this section:
(a)
"Alternatives assessment" means an assessment of alternatives to the
use of PFAS, bisphenols, and phthalates in food packaging that is conducted in
accordance with the Interstate Chemicals Clearinghouse Alternatives Assessment Guide,
version 1.1, published by the Interstate Chemicals Clearinghouse.
(b) "Bisphenols"
means an industrial chemical compound that is a component of hard plastics,
such as polycarbonate, epoxy resins, and thermal receipt paper. Bisphenols
include, but are not limited to, bisphenol A, bisphenol AF, bisphenol AP,
bisphenol B, bisphenol C, bisphenol C2, bisphenol E, bisphenol F, bisphenol G,
bisphenol M, bisphenol S, bisphenol P, bisphenol PH, bisphenol TMC, and bisphenol
Z.
(c) "Chemical action plan" means a plan that identifies sources of and recommends actions to reduce the use, release, and exposure to PFAS, bisphenols, and phthalates.
(d) "Food packaging" means packaging or a packaging component that is intended for direct food contact. Food packaging includes, but is not limited to, a food or beverage product that is contained in the food packaging, a food or beverage product to which the food packaging is applied, and a plastic, disposable glove used in commercial or institutional food service.
(e) "Manufacturer" means an individual, firm, partnership, organization, joint venture, or corporation that applies packaging or a packaging component to a product for distribution or sale.
(f) "Packaging" means a container or wrapper providing a means of marketing, protecting, or handling a product, including unit packaging, intermediate packaging, or a shipping container. Packaging includes, but is not limited to, an unsealed receptacle, such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapping film, bag, or tub.
(g) "Packaging component" means an individually assembled part of a packaging container or wrapper, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closure, inks, and labels.
(h) "PFAS" means a chemical that contains a perfluoroalkyl or polyfluoroalkyl substance. For the purposes of food packaging, PFAS means a class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.
(i) "Phthalates" means a member of the class of organic chemicals that are esters of phthalic acid containing 2 carbon chains located in the ortho position.
(j) "Safer alternative" means an alternative substance or chemical that, as demonstrated by an alternatives assessment, meets improved hazard and exposure considerations and can be practicably and economically substituted for the original chemical.
