1. Short title
This Act may be cited as the “Keep Food Containers Safe from PFAS Act of 2019”.
Keep Food Containers Safe from PFAS Act of 2019
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to deem any perfluoroalkyl or polyfluoroalkyl substance used as a food contact substance to be unsafe and therefore treated as adulterated under such Act, and for other purposes.
2. Prohibition against food contact substances containing perfluoroalkyl and polyfluoroalkyl substances
Paragraph (6) of section 409(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(6)) is amended—
by striking “(6)” and inserting “(6)(A) Definition.—”; and
by adding at the end the following:
“(B) Perfluorinated compounds
“(i) Deemed unsafe—Beginning on January 1, 2022, any PFAS used as a food contact substance is deemed to be unsafe for the purposes of this section and the application of clause (2)(C) of section 402(a).
“(ii) Definitions—In this subparagraph:
“(I) The term PFAS means a perfluoroalkyl substance or a polyfluoroalkyl substance that is man-made with at least 1 fully fluorinated carbon atom.
“(II) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
“(III) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.”