THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Office of P-20 Education Policy
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.