Senate File 386 - Introduced SENATE FILE 386 BY BOLKCOM A BILL FOR An Act prohibiting the manufacturing and sale of food packaging 1 containing perfluoroalkyl and polyfluoroalkyl substances, 2 including effective date provisions, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1724XS (2) 88 js/tm

S.F. 386 Section 1. NEW SECTION . 455F.12 Food packaging —— 1 perfluoroalkyl or polyfluoroalkyl substances. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Food packaging” means a package, including a unit 5 package, intermediate package, and a shipping container, 6 or packaging component, including any interior or exterior 7 blocking, bracing, cushioning, weatherproofing, exterior 8 strapping, coatings, closures, inks, and labels, that is 9 intended for the marketing, protection, or handling of a 10 product intended for food contact or used to store food for 11 sale. 12 b. “Perfluoroalkyl substance” or “polyfluoroalkyl substance” 13 means a class of fluorinated organic chemicals containing at 14 least one fully fluorinated carbon atom. 15 2. Except as otherwise provided, a person shall not 16 knowingly manufacture, sell, offer for sale, distribute for 17 sale, or distribute for use in this state food packaging to 18 which a perfluoroalkyl substance or a polyfluoroalkyl substance 19 has been intentionally added in any amount. 20 3. The prohibition in subsection 2 does not apply to new 21 food packaging that is sold, offered for sale, or distributed 22 for promotional purposes in the state by a retailer or 23 wholesaler on or after January 1, 2021, that was imported into 24 the state or otherwise purchased or acquired by the retailer 25 or wholesaler for sale or distribution in the state prior to 26 January 1, 2021. 27 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 28 2021. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill prohibits the sale of food packaging that contains 33 perfluoroalkyl or polyfluoroalkyl substances in the state of 34 Iowa. The bill makes an exception for new food packaging that 35 -1- LSB 1724XS (2) 88 js/tm 1/ 2

S.F. 386 is otherwise subject to the prohibition but was imported into 1 the state or otherwise purchased or acquired by a retailer 2 or wholesaler for sale or distribution in the state prior to 3 January 1, 2021. A violation of the provisions in the bill is a 4 simple misdemeanor. The bill takes effect January 1, 2021. 5 A simple misdemeanor is punishable by confinement for no 6 more than 30 days or a fine of at least $65 but not more than 7 $625 or both. 8 -2- LSB 1724XS (2) 88 js/tm 2/ 2