Colortech PFAS Statement

PFAS Definition

Perfluoroalkyl and polyfluoroalkyl substances; PFAS. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means all members of the class of fluorinated alkyl chemicals containing at least one fully fluorinated carbon atom.

Colortech fluoroelastomer/fluoropolymer process aid concentrates, by definition, contain PFAS; however, they are not formulated with or expected to contain, other than unintentional impurities, any of the 172 PFAS added to the Toxic Release Inventory (TRI) by the National Defense Authorization Act (NDAA) for Fiscal Year 2020.  EPA link to the updated list of PFAS chemicals

Since these substances are not intentionally added, Colortech does not perform analysis for the presence of these substances.

Colortech Commitment

Colortech is committed to staying up to date on this evolving topic and is actively corresponding with industry partners (PLASTICS, American Chemistry Council, etc.) and suppliers to receive updated news regarding PFAS legislation. Below is data and information we have gathered and, to the best of our knowledge, is current as of September 15, 2021.

US Legislation Updates

Note: Colortech fluoroelastomer/fluoropolymer process aid concentrates are included in the TPCH legislation

Federal

July 21, 2021; House passes H.R. 2467; PFAS Action Act of 2021:

  • Designate PFOA and PFOS chemicals as hazardous substances within 1 year and require the EPA to determine whether to list other PFAS within 5 years.
  • Designate PFOA and PFOS chemicals as hazardous air pollutants within 180 days and require the EPA determine whether to list other PFAS within 5 years.

Link to Bill

Toxics in Packaging Clearing House (TPCH)

February 2021; TPCH adds PFAS ban (broad definition) to their Model Legislation

  • Prohibition of sale or distribution of a package or packaging components containing PFAS. Beginning XXXXXX, a manufacturer, supplier or distributor may not offer for sale or for promotional purposes a package or packaging component to which PFAS has been intentionally introduced during manufacturing or distribution in any amount. There shall be no detectable PFAS in any package or packaging component.
  • No states have adopted this change yet

Link to Model Legislation

US States Legislation

Note: Colortech fluoroelastomer/fluoropolymer process aid concentrates are included in all the US State’s bans/legislation noted below.

California

September 7, 2021; Passed in Assembly and Senate; bill to ban PFAS (broad definition) in plant-based food packaging, and chemical disclosures for cookware 

  • Banning paper-based food packaging using PFAS chemicals starting January 1, 2023 
  • Requiring cookware manufacturers starting January 1, 2024, to disclose the presence of chemicals in their products that are of concern for human health or the environment 
  • Prohibiting misleading advertising on cookware packaging as early as January 1, 2023  

Link to Bill  

July 8, 2021; Bill to ban PFAS (broad definition) in plant-based food packaging, and chemical disclosures for cookware

Link to Bill

January 1, 2020; San Francisco bans PFAS (broad definition) in single-use food service ware

Link to Ordinance

Connecticut

July 13, 2021; Connecticut ban’s PFAS (broad definition) in food packaging

  • As soon as feasible, but not later than December 31, 2023, no food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes in this state by its manufacturer or distributor.
  • "Food packaging" means any package or packaging component that is applied to or in direct contact with any food or beverage; medical

Link to Law

Maine

July 15, 2021; Maine adopted a law that will ban the use of PFAS (broad definition) in any product through a phased-out approach

  • Beginning January 1, 2023, a manufacturer of a product for sale in Maine that contains intentionally added PFAS shall notify Maine’s Department of Environmental Protection (Maine DEP) of such products and uses.
  • Beginning January 1, 2030, any product that contains intentioned added PFAS will be prohibited for sale unless the Maine DEP has determined that the use of PFAS in the product is unavoidable.

Link to Law

Minnesota

June 2021; Minnesota ban’s PFAS (broad definition) in food packaging

  • Beginning January 1, 2024, no person shall manufacture or knowingly sell, offer for sale, distribute for sale, distribute, or offer for use in Minnesota a food package that contains intentionally added PFAS.
  • "Food package" means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage.
  • Food package includes: (1) a unit package, an intermediate package, and a shipping container; (2) unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and (3) an individual assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

Link to Law

New York

December 3, 2020; New York bans PFAS (broad definition) in paper food packaging

  • Beginning December 31, 2022, no person shall distribute, sell or offer for sale in this state food packaging containing perfluoroalkyl and polyfluoroalkyl (PFAS) substances as intentionally added chemicals.
  • "Food packaging" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
  • Links to Legislation:

Vermont

May 18, 2021; Vermont ban’s PFAS (broad definition) in food packaging

  • Beginning July 2023, a manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a food package to which PFAS have been intentionally added and are present in any amount.
  • “Food package” or “food packaging” means a package or packaging component that is intended for direct food contact.

Link to Law

Washington

March 8, 2021; Washington announces ban on PFAS (broad definition) in paper food packaging

  • Beginning February 2023, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS chemicals have been intentionally added in any amount.
    • Includes: wraps and liners, plates, food boats, pizza boxes
  • "Food package" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
  • Links to Legislation:
  • Links to Per- and Polyfluoroalkyl Substances in Food Packaging Alternatives Assessment to Legislature:
  • Insufficient information available to find safer alternatives for PFSA in the other six products (shown below):
    • Bags and sleeves, bowls, trays, french fry cartons, clamshells, interlocking folded container

Canada Legislation Updates

Government of Canada

By May 2023, the Government of Canada will publish a State of PFAS Report, which will summarize relevant information on the class of PFAS

Link to Information

Environment and Climate Change Canada (ECCC)

Canadian Environment Protection Act, 1999 (CEPA 1999):

    • Currently PFOS, PFOS, and LC-PFCAs are considered schedule 1 toxic substances

Link to Toxic substance list

Link to Legislation

Retailer “PFAS-Free” Commitments

Note: Colortech fluoroelastomer/fluoropolymer process aid concentrates are included in many of the “PFAS-Free” Commitments

Brand Owners   

(Updated as of April 2021)

Link to Safer Chemical Document

Disclaimer Regarding PFAS Information

Colortech has gathered the above information for reference only. For information regarding specific applications and approvals, Colortech recommends that customers consult their legal and legislative authorities.