State of Washington
65th Legislature
2017 Regular Session
By Representatives McBride, Macri, Kirby, Kilduff, Fey, Ortiz-Self, and Goodman
Read first time 01/27/17. Referred to Committee on Environment.
AN ACT Relating to the use of perfluorinated chemicals in food packaging; amending RCW 70.95G.010, 70.95G.030, and 70.95G.040; and adding a new section to chapter 70.95G RCW.
Sec. 1.  RCW 70.95G.010 and 1991 c 319 s 107 are each amended to read as follows:
((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Package" means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(2) "Manufacturer" means a person, firm, association, partnership, government entity, organization, joint venture, or corporation that applies a package to a product for distribution or sale.
(3) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.
(4) "Food package" means a package or packaging component that is intended for the marketing, protection, or handling of a product intended for food contact or used to store food and foodstuffs for sale.
(5) "Perfluoroalkyl and polyfluoroalkyl chemicals" or "PFAS chemicals" means substances that contain multiple carbon-fluorine bonds, but are not exclusively composed of carbon and fluorine including, but not limited to, poly- or perfluorinated compounds.
NEW SECTION.  Sec. 2.  A new section is added to chapter 70.95G RCW to read as follows:
Beginning July 1, 2018, no manufacturer, wholesaler, or retailer 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.
Sec. 3.  RCW 70.95G.030 and 1991 c 319 s 109 are each amended to read as follows:
All packages and packaging components shall be subject to this chapter except ((the following:
(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991;
(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following May 21, 1991, to permit opportunity to clear existing inventory of the proscribed packaging material;
(3))) those packages or packaging components to which lead, cadmium, mercury, PFAS chemicals, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative((; or
(4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in RCW 70.95G.020(1) but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after May 21, 1991)).
Sec. 4.  RCW 70.95G.040 and 1991 c 319 s 110 are each amended to read as follows:
((By July 1, 1993,)) A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer. For food packaging, a manufacturer shall develop a compliance certificate by July 1, 2018. If compliance is achieved under the exemption or exemptions provided in RCW 70.95G.030 (((3) or (4))), the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate of compliance shall be kept on file by the manufacturer for as long as the package or packaging component is in use, and for three years from the date of the last sale or distribution by the manufacturer. Certificates of compliance, or copies thereof, shall be furnished to the department of ecology upon request within sixty days. If manufacturers are required under any other state statute to provide a certificate of compliance, one certificate may be developed containing all required information.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new package or packaging component.
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