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Oregon, USA, Bans Polystyrene Foam Containers and PFAS in Foodware Containers

SafeGuardSHardgoodsMay 17, 2023

SG 61/23

Oregon has approved measures to prohibit polystyrene foam containers and PFAS in food containers. The new law will become operative on January 1, 2025

On May 8, 2023, the governor of Oregon signed SB 543 into law to regulate polystyrene (PS) foam containers for prepared food, PS foam containers, PS foam packaging peanuts and perfluoroalkyl and polyfluoroalkyl substances (PFAS) in foodware containers.

According to the definitions in the new law, PFAS means a substance included in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Highlights of the new law are summarized in Table 1.

SubstanceScopeRequirement Effective Date
PFASFoodware containers1Prohibited if intentionally addedJanuary 1, 2025
---Single use polystyrene (PS) foam containers for prepared food2Prohibits food vendors in using these containers for selling, offering for sale, serving or dispensing prepared food to consumers
---PS foam containers3Prohibits a person in selling, offering for sale or distributing these products
---PS foam packaging peanuts

1Includes bowls, clamshells, cups, lids, plates, other containers or items used for serving or containing prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors

2Coolers or foodware containers that are made of PS foam for serving, containing, preserving or consuming prepared food

3Exempts a) coolers and other containers that are made of PS, intended for repeated use and are enclosed by a solid shell, b) trays or containers used solely to store, ship or otherwise transport an ingredient or food that is not prepared food and c) PS plastic materials, other than PS foam packaging peanuts, that are used solely for packing or protecting other items during storage, shipping or other transportation

Table 1

SGS technical experts have extensive knowledge and testing experience in materials and articles in contact with food. They work to ensure that your products meet the appropriate regulations for food contact materials, paving the way for compliance. From overall migration tests to expert advice on emerging regulations, compliance issues and documentation review, SGS is the partner to trust. Discover more on our website. In the end, it’s only trusted because it’s tested.

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