This bill, HB 242-FN, bans the use of food packaging containing perfluoroalkyl and polyfluoroalkyl substances (PFAS). It establishes a new subdivision in RSA 149-M, titled "Prohibition of PFAS in Food Service Products," which defines terms such as "disposable food service product" and "food service business." The bill prohibits food service businesses from selling or distributing disposable food service products that contain PFAS starting on January 1, 2024. However, there are exemptions for factory-sealed, aseptically-packaged shelf-stable foods, uncooked meat, fish, poultry, or seafood for off-premises preparation and consumption, and food or beverages that have been packaged in expanded polystyrene outside the state before receipt by a food service business. The bill also states that municipalities have the sole authority to regulate, implement, and enforce the prohibition on food service products containing PFAS. The bill does not outline a clear role for the Department of Environmental Services in the administration or implementation of the prohibition. The fiscal impact of the bill is indeterminable, as it is unclear whether it would require additional staff or resources at the state, county, and local levels. The New Hampshire Municipal Association states that the cost of testing products for PFAS varies, but it could range from $400 to $800 per test.

Statutes affected:
Introduced: 149-M:23