Bill Text: NH HB1425 | 2020 | Regular Session | Introduced
Bill Title: Directing the department of environmental services to publish an advisory to public schools on the risks associated the use of food containers containing polyfluoralkyl substances and polystyrene and establishing a committee to study how to remove food containers containing polyfluoroalkyl substances and polystyrene from schools
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2020-06-16 - Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8 [HB1425 Detail]
Download: New_Hampshire-2020-HB1425-Introduced.html
HB 1425-FN - AS INTRODUCED
2020 SESSION
20-2299
08/10
HOUSE BILL 1425-FN
AN ACT requiring the removal of all containers containing PFAS compounds from public schools and hospitals.
SPONSORS: Rep. W. Thomas, Hills. 21; Rep. DesMarais, Carr. 6; Rep. Stack, Hills. 21; Rep. Eisner, Rock. 6
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill requires the department of environmental services to complete a study on alternatives to PFAS in food packaging and, if such study finds safe alternatives are available to food packaging with PFAS in it, prohibits the use of food packaging containing PFAS in public schools and hospitals.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2299
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT requiring the removal of all containers containing PFAS compounds from public schools and hospitals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; PFAS in Hospitals and Schools. Amend RSA by inserting after chapter 486-A the following new chapter:
CHAPTER 486-B
PFAS IN HOSPITALS AND SCHOOLS
486-B:1 Department of Environmental Services; PFAS in Food Packaging Study.
I. The department of environmental services shall perform a study identifying the availability of food packaging made with safer alternatives to perfluoalkyl polyfluoroalkyl substances (PFAS) where the safer alternative determination is supported by feedback from an external peer review of the department's alternatives assessment. Such study shall:
(a) Evaluate less toxic chemicals and nonchemical alternatives to replace the use of PFAS;
(b) Follow the guidelines for alternatives assessments issued by the Interstate Chemicals Clearinghouse;
(c) Include, at a minimum, an evaluation of chemical hazards, exposure, performance, cost, and availability;
(d) Determine if such alternatives are readily available in sufficient quantity and at comparable cost, and perform as well as or better than PFAS chemicals in a specific food packaging application.
(e) Determine if such alternatives have previously been approved for food contact by the United States Food and Drug Administration, such as through the issuance of a determination that the chemical has a reasonable certainty of causing no harm
II. By January 1, 2021 the department of environmental services shall publish its findings on its departmental Internet website on whether safer alternatives to PFAS chemicals in specific applications of food packaging are available for each assessed application and submit a report with the findings and the feedback from the peer review of the department's alternatives assessment to the committees of the legislature with oversight of environmental, health, and educational issues.
III. If the department of environmental services does not find that a safer alternative is available for some or all categories of food packaging applications, beginning January 1, 2022, and each year following, the department of environmental services shall review and report on alternatives as described in paragraph I.
486-B:2 Prohibition on PFAS in Food Packaging in Hospitals and Schools.
I. "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.
II. No hospital, public primary school, or public secondary schools shall knowingly sell, offer for sale, distribute for sale, or distribute for use in this state food in packaging to which per fluorinated alkyl substances (PFAS) chemicals have been intentionally added in any amount.
III. The prohibition on food packaging in paragraph II shall not take effect until the department of environmental determines from the study mandated in RSA 486-B:1, I there is a safe alternative available for food packages, and certifies such determination to the director of the office of legislative services.
2 Effective Date. This act shall take effect 60 days after its passage.
20-2299
11/13/19
HB 1425-FN- FISCAL NOTE
AS INTRODUCED
AN ACT requiring the removal of all containers containing PFAS compounds from public schools and hospitals.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill would require the Department of Environmental Services to conduct a study of packaging materials intended for food contact used in school and hospital settings, including food service ware (plates, trays, clamshell containers) and other packaging types used for storage, distribution and handling of foods. The study would assess the types of packaging materials currently in use, whether there is PFAS present in such materials, and whether there are alternative packaging materials available without PFAS that pose a lesser risk to the consumer. The Department assumes criteria for risk assessment would first need to be established. The bill also requires the Department assess various packaging types in terms of performance, cost and availability. The Department assumes this would be a complicated endeavor, as it is likely that there is a high degree of variability in packaging types used at institutions across the State. As new packaging products come into the consumer marketplace the Department assumes it would need to evaluate the new packaging and provide technical assistance to affected institutions on an on-going basis. The Department assumes 1-3 additional staff would be needed to fulfill the requirements in the bill. The average annual cost for salary, benefits and other related expenses for staff would be approximately $100,000 each. In addition, the bill would result in additional costs beyond the staff. Such indeterminable costs may include costs associated with data collection, lab testing, outside engineers and consultants, and analysis. Due to the number of variables in this bill, the Department is unable to accurately calculate a complete cost estimate.
It is not possible to estimate the impact to either county or local governments that own and operate affected institutions. If public schools and hospitals are required to use alternative packaging and/or switch food vendors, the Department assumes that there may be some cost impacts. At present time the Department is unable to estimate the nature or extent of these cost impacts. Because the bill is silent on the source of funds for this study, it is assumed the additional state expenditures would be a cost to the general fund.
It is assumed this bill will not be implemented until FY 2021.
AGENCIES CONTACTED:
Department of Environmental Services
