AB 952

This bill requires the Department of Natural Resources to determine, no later

than January 1, 2021, whether a safer alternative exists for perfluoroalkyl and

polyfluoroalkyl substances (PFAS) in food packaging applications. The bill defines

“safer alternative” as an alternative that 1) would reduce the potential for harm to

human health or the environment; 2) is readily available in sufficient quantity and

at a comparable cost to PFAS; 3) performs as well or better than PFAS; and 4) if the

alternative is a chemical, has been approved for food contact by the federal Food and

Drug Administration. The bill requires DNR to submit a report on its

determinations to the Legislative Reference Bureau no later than January 1, 2021,

for publication in the Wisconsin Administrative Register.

Under the bill, if DNR determines in its January 1, 2021, report that there is

a safer alternative to PFAS in a specific type of food packaging application, then no

person may manufacture, sell, or distribute that type of food packaging if it contains

PFAS beginning January 1, 2023.

If DNR determines in its January 1, 2021, report that there is no safer

alternative to PFAS in a specific type of food packaging application, the bill requires

DNR to annually review whether a safer alternative for that food packaging

application exists, and whether safer alternatives exist for new food packaging

applications. If DNR determines at any time that safer alternatives exist, DNR must

submit a report on its determination to the LRB for publication in the Wisconsin

Administrative Register. If DNR makes such a determination, then no person may

manufacture, sell, or distribute that type of food packaging if it contains PFAS

beginning two years after the date of publication of the applicable report.

A person who violates the bill's prohibitions is subject to the same penalty that

applies under current law to other general environmental provisions, which is a

forfeiture of between $10 and $5,000 for each violation.