On June 27, 2022, the Governor of the U.S. state of Hawaii approved Bill HB 1644, which prohibits the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in certain products. The Act came into effect on July 1, 2022.
Beginning December 31, 2024, the manufacture, sale, offering for sale, distribution or distribution of food packaging that has intentionally added any amount of PFAS is prohibited. Specifically, regulated food packaging applies to wraps and liners, plates, food boats, and pizza boxes.
"Food packaging" refers to packaging or packaging components intended to be in direct contact with food or beverages, most of which consist of paper, cardboard or other materials originally derived from plant fibers.
Beginning July 1, 2024, it will be illegal to manufacture, sell, offer for sale, distribute or distribute Class B firefighting foams containing intentionally added PFAS for training or testing purposes. Also starting July 1, 2024, it will be illegal to discharge or otherwise use Class B firefighting foams containing intentionally added PFAS for training or testing purposes, unless the use is necessary to effectively suppress oil fires.
In addition, manufacturers of Class B firefighting foams prohibited by the Act must notify those selling the product in Hawaii of the requirements in writing by January 1, 2023. Manufacturers producing, selling or distributing Class B firefighting foams prohibited by the Act must recall the product and compensate the purchaser. The state of Hawaii may require manufacturers of Class B firefighting foams to provide a Certificate of Conformity certifying that the manufacturer's product complies with the requirements.
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