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U.S. Hawaii Approved Prohibition of the Use of PFAS in Certain Products

On June 27, 2022, U.S. Hawaii Governor has approved the bill HB 1644 to prohibit the use of Perfluoroalkyl and Polyfluoroalkyl Substances(PFAS) in certain products. The bill became effective on July 1, 2022.

Beginning December 31, 2024, it will be prohibited to manufacture, sell, offer for sale, distribute for sale, or distribute for use in any food packaging which PFAS chemicals have been intentionally introduced in any amount. Specifically, the regulated food packaging applies to wraps and liners, plates, food boats, and pizza boxes.

Beginning July 1, 2024, it will be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes any class B firefighting foam that contains intentionally introduced PFAS chemicals. Also beginning July 1, 2024, it will be unlawful to discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally introduced PFAS chemicals, unless the use is necessary for effective suppression of a petroleum fire.

In addition, the manufacturers of class B firefighting foam prohibited by this law must notify, in writing and no later than January 1, 2023, persons that sell the manufacturer’s products in Hawaii about the requirements.  A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited by this law must recall the product and reimburse the purchaser. The state may request a certificate of compliance from a manufacturer of class B firefighting foam that attests that a manufacturer’s products meet the requirements.

Note: 

"Food package" means a package or packaging component that is applied to or in direct contact with food or beverage and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.

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