Food safety is paramount, and adhering to regulations during food transport is crucial. Maine has taken significant steps to reduce toxic chemicals in food packaging through Public Law c. 277, adding Chapter 26-B to the Reduction of Toxics in Packaging law. This initiative includes a chemical listing process to assess and replace harmful chemicals used in food packaging with safer alternatives. Therefore, When Transporting Food Food Holding Compartments Must Be compliant with these regulations, which prohibit specific chemicals like lead, mercury, cadmium, and hexavalent chromium. For detailed inquiries, contact Kerri Farris at 207-215-1894.
Phthalates | PFAS in Food Packaging | Chemicals of High Concern
Phthalates
As of January 1, 2022, Maine law prohibits intentionally introducing phthalates into food packaging. This includes packaging containing food or beverage products, as well as plastic disposable gloves. An exemption applies to manufacturers with less than $1 billion in annual national sales of food and beverage products. Initially, a Statement on Enforcement Discretion was issued due to food supply shortages in late 2021, allowing temporary sale of food in non-compliant packaging. However, since July 1, 2022, all non-compliant products must be removed from store shelves in Maine.
To ensure compliance, manufacturers should provide a certificate of compliance:
Certificate of Compliance
A valid certificate of compliance is a statement signed by a senior manager authorized to represent the organization. The statement should confirm that the food packaging sold in Maine after January 1, 2022, is free from intentionally introduced phthalates. This certificate must be available to the Maine DEP upon request.
PFAS in Food Packaging
Maine law 32 MRS §1733(3-B) mandates the Department to implement substantive rulemaking to prohibit PFAS in food packaging upon determining that safer alternatives exist. On April 18, 2024, the Board of Environmental Protection approved the final adoption of Chapter 80 Section 5, which prohibits PFAS use in specific types of food packaging sold in Maine. The prohibition takes effect on May 25, 2026, two years after the Department’s final determination.
The regulation (effective May 25, 2026) states that a manufacturer, supplier, or distributor cannot offer for sale or promotional purposes in Maine food packaging intended for direct food contact comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. This applies to packaging intended for short-term storage or to hold freshly prepared food, to which PFAS have been intentionally introduced in any amount greater than an incidental presence and are one of the following:
- Bags and Sleeves: Containers made from flexible material that can be folded flat and are typically used to transport food from a foodservice establishment. Sleeves include sealed-end bags referred to as pinch-bottom bags.
- Bowls: An open-topped container with a wide rim opening and a bottom that allows spooning of food. These containers are typically designed to hold foods for serving that have a substantial liquid component; this includes portion cups.
PFAS-free bowls designed for safe food transport and serving.
- Closed Containers: A container that encloses food on all sides, with interlocking pieces or overlapping walls which hold the container closed for transport. Examples include clamshells, food pails, bakery boxes, and deli containers.
- Flat Serviceware: Shallow, flat-bottomed containers with large surface areas used for serving and transporting food which have one large surface or multiple compartments to separate food items during food service. Examples include, but are not limited to, trays, cafeteria-style trays, and plates.
Various flat serviceware options compliant with food packaging regulations for safe and separated food transport.
- Food Boats: A type of tray with tall sides and no compartments.
A PFAS-free food boat with tall sides for secure food containment during transport.
- Open-Top Containers: Containers that enclose food on all but one side and are designed to hold food for serving or transportation. Examples include, but are not limited to, paper cones, cups, bowls, and food boats.
- Pizza Boxes: A folded box used for serving, holding, or transporting various sizes of pizza or calzones.
A compliant pizza box designed for safe pizza transport and handling.
- Plates: Flat serviceware, whether single or with multiple compartments, used for serving or holding food items during food service.
- Wraps and Liners: Sheets used to wrap food for food service or create a lining inside other serviceware to act as an additional barrier.
Safe wraps and liners for effective food containment and protection during transport.
This prohibition does not apply to manufacturers of food or beverage products with less than $1,000,000,000 of total annual national sales of food and beverage products.
Chemicals of High Concern List
New legal sections also require the Department to publish a list of no more than 10 food contact Chemicals Of High Concern, facilitating information gathering on their current use in food packaging (32 MRSA, Chapter 26-B). To qualify as a food contact chemical of high concern, the chemical must:
- Be present on Maine’s Chemicals of Concern list per Title 38, section 1693; or
- Be identified by an authoritative governmental entity as:
- A carcinogen, reproductive or developmental toxicant, or an endocrine disruptor;
- Persistent, bioaccumulative, and toxic; or
- Very persistent and very bioaccumulative.
Additionally, the Department must have strong credible scientific evidence that the chemical is a reproductive or developmental toxicant, endocrine disruptor, or human carcinogen; and strong credible scientific evidence that the chemical meets one or more of the following exposure-based criteria:
- Found through biomonitoring studies to be present in human blood, human breast milk, human urine, or other human bodily tissues or fluids;
- Found through sampling and analysis to be present in a food or beverage product; or
- Has been added to or is present in a food package.
Following a review of publicly available information, the Department has compiled a list of 10 Food Contact Chemicals Of High Concern, detailing how each meets the statutory listing criteria. This document has undergone a public comment process and is available in its final form, along with the Department’s Response to Comments submitted earlier in the year.
Comments received on Draft Food Contact Chemicals of High Concern Criteria Documentation
Ensuring compliance with these regulations is essential for maintaining food safety and public health in Maine. By understanding and adhering to these guidelines, food manufacturers, suppliers, and distributors can guarantee that when transporting food food holding compartments must be safe and free from harmful chemicals.
