SF 386 (LSB 1724XS (2) 88)

SENATE FILE 386

BY  BOLKCOM

A BILL FOR

An Act prohibiting the manufacturing and sale of food packaging containing perfluoroalkyl and polyfluoroalkyl substances, including effective date provisions, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  455F.12  Food packaging —— perfluoroalkyl or polyfluoroalkyl substances.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Food packaging” means a package, including a unit package, intermediate package, and a shipping container, or packaging component, including any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels, that is intended for the marketing, protection, or handling of a product intended for food contact or used to store food for sale.
   b.  “Perfluoroalkyl substance” or “polyfluoroalkyl substance” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
   2.  Except as otherwise provided, a person shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which a perfluoroalkyl substance or a polyfluoroalkyl substance has been intentionally added in any amount.
   3.  The prohibition in subsection 2 does not apply to new food packaging that is sold, offered for sale, or distributed for promotional purposes in the state by a retailer or wholesaler on or after January 1, 2021, that was imported into the state or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the state prior to January 1, 2021.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the sale of food packaging that contains perfluoroalkyl or polyfluoroalkyl substances in the state of Iowa. The bill makes an exception for new food packaging that is otherwise subject to the prohibition but was imported into the state or otherwise purchased or acquired by a retailer or wholesaler for sale or distribution in the state prior to January 1, 2021. A violation of the provisions in the bill is a simple misdemeanor. The bill takes effect January 1, 2021.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or both.