116th CONGRESS 1st Session |
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.
May 17, 2019
Mrs. Dingell introduced the following bill; which was referred to the Committee on Energy and Commerce
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Keep Food Containers Safe from PFAS Act of 2019”.
SEC. 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—
(1) by striking “(6)” and inserting “(6)(A) Definition.—”; and
(2) 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.”.