HF5080

Purpose

This bill would ban the use of orthophthalates in food packaging by prohibiting their intentional addition to packaging materials and components. The goal is to protect public health by preventing exposure to orthophthalates through foods.

Key terms and definitions

• Orthophthalates: substances that are esters of phthalic acid.
• Packaging component: any individually assembled part of a package, including interior or exterior blocking, bracing, cushioning, weatherproofing, coatings, closures, inks, labels, or disposable gloves used in commercial or institutional food service.
• Food package: a container used for marketing, protecting, handling, delivering, serving, containing, or storing a food or beverage (includes unit, intermediate, and shipping containers).
• Food manufacturer: a person who manufactures a packaged food product or whose brand name is on a packaged food product (includes importers or first domestic distributors for products made abroad without U.S. presence).
• Intentionally added: a chemical added to a packaging component to serve a function.
• Food package additives: inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives to which orthophthalates have been intentionally added and are present in any amount.

Main provisions

• Prohibition: A food manufacturer, supplier, or distributor must not manufacture, sell or offer for sale, distribute for sale, or distribute for use a food package that includes orthophthalates that have been intentionally added and are present in any amount. This applies to components such as inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives containing orthophthalates.
• Scope of packaging materials: The prohibition covers packaging components and materials used in food packaging, including items like interior/exterior blocking, cushioning, weatherproofing, coatings, closures, labels, and even disposable gloves used in food service.
• Enforcement: The commissioner of the Pollution Control Agency may enforce these requirements under the state enforcement provisions (sections 115.071 and 116.072). The Pollution Control Agency must coordinate with the commissioners of health and commerce to enforce the section. If requested by the Pollution Control Agency, a person must provide information reasonably obtained or available to demonstrate compliance.

Changes to existing law

• New section: Establishes a prohibition in Minnesota Statutes, Chapter 325F (325F.183) on the intentional inclusion of orthophthalates in food packaging and related components.
• Expanded regulatory oversight: Adds a specific enforcement role for the Pollution Control Agency with interagency coordination (health and commerce) to ensure compliance.
• Compliance obligations: Subjects food manufacturers, suppliers, and distributors to information-sharing requirements to verify adherence.

Enforcement and compliance

• Enforcement body: Pollution Control Agency (with coordination from the health and commerce commissioners).
• Compliance tools: Authority to request and obtain information from companies to verify that orthophthalates have not been intentionally added to packaging components.
• Potential consequences: While not detailed in the text provided, enforcement would operate under existing state enforcement provisions (sections 115.071 and 116.072).

Scope and impact

• Covered entities: Food manufacturers, suppliers, and distributors of packaged foods in Minnesota.
• Covered products: Any food package components that include orthophthalates added intentionally, including a wide range of packaging materials and additives.
• Public health focus: Reducing exposure to orthophthalates through food packaging by prohibiting their intentional inclusion.

Relevant terms - orthophthalates - phthalate esters - food packaging - food package - packaging component - intentionally added - inks - dyes - pigments - adhesives - stabilizers - coatings - plasticizers - food manufacturer - supplier - distributor - Pollution Control Agency - Minnesota Statutes 325F - enforcement - health and commerce commissioners - compliance