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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of P-20 Education Policy
Child Nutrition Program Administration
89 Washington Avenue, Room 375 EBA, Albany, NY 12234
Phone: (518) 473-8781 Fax: (518) 473-0018

To: 
School Food Service Directors/Managers
From: 
Child Nutrition Program Administration
Date: 
Friday, September 30, 2022
Subject: 
New York State (NYS) Ban on Per- and Polyfluoroalkyl Chemicals (PFAS) in Food Packaging Law

New York State has banned the use of per- and polyfluoroalkyl chemicals (PFAS) in food packaging, enacted under the Hazardous Packaging Act, Title II of Article 37 of the Environmental Conservation Law, which will take effect on December 31, 2022. The term package is those intended for direct food contact and comprised of paper, paperboard, or other materials derived from plant fibers and includes many items used in school foodservice such as trays, bags, sandwich wrappers, soup cups, etc. Studies have linked PFAS chemicals to harmful health and environmental effects.

Schools must reach out to manufacturers and suppliers of food packaging used in school foodservice to assess whether changes to product procurements need to be made to ensure the elimination of products that contain PFAS by December 31, 2022.

The NYS Department of Environmental Conservation recommends that anyone purchasing food packaging receive compliance certifications signed by an authorized official of the manufacturing or distributing company to demonstrate that their food packaging is compliant with Title II of ECL Article 37.

It is recommended that schools exhaust their current inventory and accept no further deliveries of these banned food packaging items to ensure compliance by December 31, 2022. There will be no exemptions granted from this requirement and it is the expectation that all schools will be in compliance by this date.

If you have any additional questions about this requirement, please reach out to your Child Nutrition Program representative.

USDA Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  1. mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  2. fax:
    (833) 256-1665 or (202) 690-7442; or
  3. email:
    program.intake@usda.gov

 

This institution is an equal opportunity provider.

Click here for Nondiscrimination Statement translations.

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