REFERENCE TITLE: food packaging; prohibitions |
State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1468 |
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Introduced by Senators Dalessandro: Bradley, Gonzales, Mendez, Steele
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AN ACT
Amending Title 36, chapter 8, Arizona Revised Statutes, by adding article 2; relating to food control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 8, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. FOOD PACKAGING
36-931. Definitions
In this article, unless the context otherwise requires:
1. "Food package":
(a) Means a package that is designed for direct food contact.
(b) Includes a food or beverage product that is contained in a food package or to which a food package is applied, a packaging component of a food package and plastic disposable gloves used in commercial or institutional food service.
2. "Package":
(a) Means a container that provides a means of marketing, protecting or handling a product.
(b) Includes:
(i) A unit package.
(ii) An intermediate package.
(iii) A shipping container.
(iv) Unsealed receptacles, such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.
3. "Packaging component" means an individual assembled part of a package, including any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink or label.
4. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom.
5. "Phthalates" means any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position.
36-932. Food packaging; prohibitions
Beginning January 1, 2023, a person may not manufacture or knowingly sell, offer for sale, distribute for sale or distribute for use in this state a food package:
1. To which PFAS have been intentionally added in any amount.
2. That includes inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers or any other additives to which phthalates have been intentionally introduced in any amount greater than an incidental presence.
36-933. Certificate of compliance
A manufacturer that is subject to this article shall develop a certificate of compliance attesting that the manufacturer's product or products meet the requirements of this article and the rules adopted pursuant to this article. The manufacturer shall provide the certificate of compliance to the department of health services within thirty calendar days after the department's request.
36-934. Rules
The department of health services shall adopt rules necessary to implement, administer and enforce this article.