S. 4724

119 S4724 IS: No Toxic Chemicals in Food Packaging Act of 2026
 U.S. Senate
 2026-06-09
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4724  IN THE SENATE OF THE UNITED STATES   June 9, 2026   Mr. Blumenthal  (for himself,  Mr. Merkley ,  Mr. Markey ,  Ms. Duckworth , and  Mr. Wyden ) introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To amend the Federal Food, Drug, and Cosmetic Act to deem certain substances to be unsafe for use as food contact substances, and for other purposes.
1.
Short title
This Act may be cited as the   No Toxic Chemicals in Food Packaging Act of 2026  .
2.
Substances deemed unsafe for use as food contact substances
(a)
In general
Section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 ) is amended by adding at the end the following:
(l)
Substances deemed unsafe for use as food contact substances
(1)
In general
For purposes of this section and section 402(a)(2)(C), the following are deemed to be unsafe for use as food contact substances:
(A)
Any chemical belonging to the class of ortho-phthalates.
(B)
Any chemical belonging to the class of PFAS.
(C)
Bisphenol A, B, S, F, or AF or related compounds.
(D)
Acrolein.
(E)
Acrylamide.
(F)
BHA (ter-Butyl-4-hydroxyanisole).
(G)
Chlorinated paraffins.
(H)
1,4-Dioxane.
(I)
Asbestos.
(J)
Benzene.
(K)
Chloroform.
(L)
Methylene chloride.
(M)
Ethylene Oxide.
(N)
Formaldehyde.
(O)
Styrene Polymers.
(2)
Alternative substances
In acting in response to any petition under this section to establish safety with respect to a food contact substance that the Secretary determines to be an alternative to a substance listed in paragraph (1), in addition to the criteria under subsection (c), the Secretary shall consider potential adverse effects of exposure to the substance on vulnerable populations.
(3)
Definitions
In this subsection:
(A)
The term  ortho-phthalates  means a class of chemicals that are non-polymeric esters of ortho-phthalic acid.
(B)
The term  PFAS  means a perfluoroalkyl substance or a polyfluoroalkyl substance that contains at least one fully fluorinated methyl or methylene carbon atom.
(C)
The term  vulnerable population  means a human population that is subject to the potential for disproportionate exposure to, or the potential for disproportionate adverse effect from exposure to, a chemical substance or mixture, including—
(i)
infants, children, and adolescents;
(ii)
pregnant women;
(iii)
the elderly;
(iv)
individuals with preexisting medical conditions;
(v)
workers who may be exposed to chemical substances and mixtures;
(vi)
residents in communities subject to disproportionate exposures; and
(vii)
members of any other appropriate population identified by the Secretary.
(4)
Relationship to State and local law
This subsection shall be construed as establishing a minimum standard for the protection of public health. Nothing in this section, or in any regulation promulgated under this section, shall be construed to—
(A)
preempt, displace, supplant, prohibit, or restrict any provision of State or local law (including any statute, regulation, ordinance, or common law) relating to food additives or food contact materials that is equivalent to or more stringent than the requirements of this subsection, or to prevent the adoption or enforcement of such a law; or
(B)
affect or preempt any right of action or remedy under State or local law (including any statute, regulation, ordinance, or common law), including any tort or consumer protection law, except to the extent that such law is inconsistent with this subsection.
 .
(b)
Delayed applicability
Section 409(l) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date that is 2 years after the date of enactment of this Act.