NEW PFAS Reporting Mandate and Proposals

Adapting to regulatory changes is nothing new for food packaging suppliers and distributors. In recent years, SUP bans introduced an industry wide packaging overhaul. With updated PFAS regulatory proposals in the works and a new reporting mandate in place, it’s expected that updated regulations will be published later this year, leading to further changes for packaging requirements in 2025.

 

The Problem with PFAS

 

Per- and polyfluoroalkyl substances are a class of ‘forever chemicals’ known as PFAS. Once formed, these chemicals don’t degrade, slowly accumulating in the environment and our bodies. In fact, Environmental Defense Canada states that 98.5% of people in Canada have PFAS in their blood. Findings on PFAS presence in humans and the environment has spurred an increased focus on prohibiting and restricting the use of these chemicals across multiple industries.

In July of this year, Environment and Climate Change Canada, along with Health Canada, published a revised risk management scope for PFAS with key proposals including:

  • Regulatory Development: The federal government plans to develop regulatory methods that restrict or prohibit the use of particular PFAS, especially those that are not yet regulated.
  • Phased Implementation: Updated regulations will be implemented in phases with priority based on availability of material alternatives, socio-economic factors and the level of risk posed by PFAS in specific applications.

The primary goals of these proposals – and future regulations – are to reduce human PFAS exposure and minimize its release into the environment.

Across the border, certain states have prohibited the use of PFAS in food packaging while the Food and Drug Administration has suggested a voluntary phase out of certain grease-proofing substances used on paper-based packaging. Voluntary phaseouts, while not mandatory, suggest a proactive approach is in businesses’ best interests to stay ahead of potential regulatory changes.

 

NEW Reporting Requirements

 

The newly introduced PFAS reporting requirement in Canada mandates that businesses who manufacture or import PFAS must submit reports by January 29, 2025.  Key aspects of reporting include:

  • description of each manufactured item containing PFAS
  • quantity of substance manufactured, imported or used in Canadian commerce for the calendar year 2023; and
  • concentration of the substance in products

With this reporting deadline, businesses must gather, analyze and report necessary data or risk potential non-compliance fines of up to $500,000.

Fortunately, Bunzl and R3 Redistribution customers can access supplier provided data about products to assist with that reporting quickly and easily through our Material FootPrint Calculator, which will soon include data regarding PFAS. Contact your Bunzl representative regarding your specific reporting needs.

This new reporting requirement highlights the federal government’s significant regulatory shift in managing the use of PFAS. Stay informed about PFAS regulatory changes to ensure your business stays ahead of new legislation requirements and business impacts with the following resource links:

Mandatory PFAS reporting in Canada: What you need to know | BLG

Canada explores impacts from PFAS in packaging, potential management actions | Packaging Dive

Canada’s Updated Draft PFAS Report: The Latest on The Emerging Regulation of “Forever Chemicals” – McMillan LLP

 

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