SENATE BILL NO. 591

July 15, 2021, Introduced by Senators IRWIN, BRINKS, WOJNO, CHANG, BAYER and POLEHANKI and referred to the Committee on Environmental Quality.

A bill to amend 2000 PA 92, entitled

"Food law,"

(MCL 289.1101 to 289.8111) by adding section 5106.

the people of the state of michigan enact:

Sec. 5106. (1) Beginning January 1, 2023, a person shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS, bisphenols, or phthalates have been intentionally added in any amount greater than an incidental presence.

(2) As used in this section:

(a) "Bisphenols" means industrial chemical compounds that are a component of hard plastics, such as polycarbonate, epoxy resins, and thermal receipt paper. Bisphenols include, but are not limited to, bisphenol A and its symmetrically aromatic ring-substituted derivatives, bisphenol AF, bisphenol AP, bisphenol B, bisphenol C, bisphenol C2, bisphenol E, bisphenol F, bisphenol G, bisphenol M, bisphenol S, bisphenol P, bisphenol PH, bisphenol TMC, and bisphenol Z. Bisphenols do not include an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process.

(b) "Food packaging" means a container or wrapper that provides a means of marketing, protecting, or handling a food and that is intended for direct food contact. Food packaging includes, but is not limited to, an unsealed receptacle, such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapping film, bag, or tub. Food packaging includes the food that is contained in the food packaging, the food to which the food packaging is applied, and a plastic, disposable glove used in commercial or institutional food service.

(c) "Incidental presence" means the presence of a chemical as an unintended or undesired ingredient.

(d) "PFAS" means a chemical that contains a perfluoroalkyl or polyfluoroalkyl substance. For the purposes of food packaging, PFAS means a class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.

(e) "Phthalates" means a member of the class of organic chemicals that are esters of phthalic acid containing 2 carbon chains located in the ortho position.