Keep Food Containers Safe from PFAS Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2827 To amend the Federal Food, Drug, and Cosmetic Act to deem any perfluoroalkyl or polyfluoroalkyl substance used as a food contact sub- stance to be unsafe and therefore treated as adulterated under such Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2019 Mrs. DINGELL introduced the following bill; which was referred to the Committee on Energy and Commerce 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 there- fore treated as adulterated under such Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keep Food Containers 4 Safe from PFAS Act of 2019’’. 5 VerDate Sep 11 2014 01:21 May 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2827.IH H2827 kjohnson on DSK79L0C42 with BILLS 2 •HR 2827 IH SEC. 2. PROHIBITION AGAINST FOOD CONTACT SUB- 1 STANCES CONTAINING PERFLUOROALKYL 2 AND POLYFLUOROALKYL SUBSTANCES. 3 Paragraph (6) of section 409(h) of the Federal Food, 4 Drug, and Cosmetic Act (21 U.S.C. 348(h)(6)) is amend- 5 ed— 6 (1) by striking ‘‘(6)’’ and inserting ‘‘(6)(A) 7 DEFINITION.—’’; and 8 (2) by adding at the end the following: 9 ‘‘(B) PERFLUORINATED COMPOUNDS.— 10 ‘‘(i) DEEMED UNSAFE.—Beginning on January 11 1, 2022, any PFAS used as a food contact sub- 12 stance is deemed to be unsafe for the purposes of 13 this section and the application of clause (2)(C) of 14 section 402(a). 15 ‘‘(ii) DEFINITIONS.—In this subparagraph: 16 ‘‘(I) The term ‘PFAS’ means a 17 perfluoroalkyl substance or a polyfluoroalkyl 18 substance that is man-made with at least 1 19 fully fluorinated carbon atom. 20 ‘‘(II) The term ‘perfluoroalkyl substance’ 21 means a man-made chemical of which all of the 22 carbon atoms are fully fluorinated carbon 23 atoms. 24 ‘‘(III) The term ‘polyfluoroalkyl substance’ 25 means a man-made chemical containing a mix 26 VerDate Sep 11 2014 01:21 May 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2827.IH H2827 kjohnson on DSK79L0C42 with BILLS 3 •HR 2827 IH of fully fluorinated carbon atoms, partially 1 fluorinated carbon atoms, and nonfluorinated 2 carbon atoms.’’. 3 Æ VerDate Sep 11 2014 01:21 May 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2827.IH H2827 kjohnson on DSK79L0C42 with BILLS