Purpose

This bill would ban the intentional use of orthophthalates (phthalate esters) in packaging for packaged foods. The goal is to prevent these chemicals from being part of food packaging components and, in turn, reduce potential exposure to people consuming packaged foods.

Key Definitions

• Orthophthalates: substances that are esters of phthalic acid.
• Packaging component: any part of a package, including interior or exterior elements such as coatings, closures, inks, labels, cushioning, weatherproofing, and even disposable gloves used in food service.
• Food package: any container or unit that marks, protects, handles, delivers, serves, contains, or stores a food or beverage (including intermediate and shipping containers).
• Intentionally added: a chemical added to serve a specific function in the packaging.
• Food manufacturer: a person who manufactures a packaged food product or whose brand name is on the product; if imported, the importer or first domestic distributor may be the responsible party.
• Food package additives: inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any other additives that include orthophthalates.

Prohibited Activities

• A food manufacturer, supplier, or distributor must not manufacture, sell, offer for sale, or distribute for use a food package that contains orthophthalates that were intentionally added in any amount, in any of the packaging components listed above (e.g., inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, etc.).

Scope and Applicability

• Applies to packaged foods and their packaging components, including imported products where the U.S. manufacturer or brand lacks a U.S. presence.
• The prohibition covers all stages of the supply chain: manufacturing, sale, offer for sale, and distribution.

Enforcement and Compliance

• Enforcement authority rests with the Commissioner of the Pollution Control Agency.
• The Pollution Control Agency will coordinate with the Commissioners of Health and Commerce to enforce the provision.
• When requested by the Pollution Control Agency, individuals or entities must provide information that is relevant to proving compliance.

Significance and Potential Impact

• The bill would create a statewide prohibition on intrinsically adding orthophthalates to packaging materials used for foods.
• If enacted, it could affect many packaging suppliers and could require changes to formulations of inks, coatings, adhesives, plasticizers, and other packaging components used for food products.

Changes to Existing Law

• Adds a new prohibition under Minnesota Statutes to regulate orthophthalates in food packaging, with enforcement provisions and cross-agency coordination.

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Relevant Terms orthophthalates, phthalate esters, packaging component, food package, food manufacturer, supplier, distributor, inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, additives, intentionally added, Pollution Control Agency, health, commerce, import, first domestic distributor, food service, enforcement.