Australia PFAS Food Packaging Regulations 2025: IChEMS and FSANZ Explained

Australia's PFAS Framework: IChEMS and FSANZ

Australia regulates PFAS in food contact materials through a multi-layered framework that differs fundamentally from the US state-by-state approach. Rather than broad bans on “intentionally added” PFAS, Australia targets three specific compounds — PFOS, PFOA, and PFHxS— through the Industrial Chemicals Environmental Management Standard (IChEMS), which bans their import and manufacture. The practical threshold is 25 parts per billion (ppb) for these named substances.

The IChEMS restrictions became effective on July 1, 2025, placing Australia among the jurisdictions with currently enforced PFAS food packaging rules. Alongside IChEMS, Food Standards Australia New Zealand (FSANZ) Standard 1.4.3 provides a general safety obligation for all food contact materials, requiring that they do not transfer substances to food in quantities that could harm human health.

This guide covers Australia's compound-specific approach, who bears liability, the penalty structure across states and territories, and practical compliance steps. For a comparison with US state laws and the EU PPWR, see our complete guide to PFAS food packaging bans.

Regulation Details

A Compound-Specific Approach

Unlike most US state PFAS laws, which ban the entire class of PFAS chemicals (defined broadly as “intentionally added” per- and polyfluoroalkyl substances), Australia's IChEMS targets only three specific PFAS compounds:

• PFOS(perfluorooctane sulfonic acid) — widely used historically in grease-resistant coatings for food packaging
• PFOA(perfluorooctanoic acid) — used in the production of fluoropolymer coatings including some food-contact applications
• PFHxS(perfluorohexane sulfonic acid) — a shorter-chain PFAS compound that has been used as a substitute for PFOS in some applications

This means that other PFAS compounds — including GenX, PFBA, and other short-chain alternatives that are common in modern food packaging — are not currently banned under IChEMS. They may, however, fall under the general safety obligation in FSANZ Standard 1.4.3 if they transfer to food in harmful quantities.

What Packaging Is Covered

Australia's framework applies to all food contact materials— any material or article intended to come into contact with food, including packaging. This includes:

• Primary food packaging (bags, wraps, trays, clamshells, boxes)
• Takeaway containers and serviceware
• Paper and fiber-based food wraps and liners
• Cups, plates, and bowls used in food service
• Any coating, treatment, or additive applied to food-contact surfaces

The scope is comparable to the broadest US state laws in terms of materials covered, even though the chemical scope is narrower. All material types (paper, plastic, fiber, composite) are within scope if they contact food.

Who Is Liable — Direct Food Business Responsibility

One of the most significant aspects of Australia's framework is that liability extends to food businesses themselves, not just manufacturers and distributors. Under Australian state and territory food safety legislation, businesses that sell or serve food bear direct responsibility for ensuring their food contact materials comply with safety standards.

This is a critical distinction from most US state PFAS laws, where liability typically falls on manufacturers and distributors, and food service operators (restaurants, cafes, food trucks) are not directly covered. In Australia, a restaurant using packaging that contains banned PFAS compounds could face enforcement action directly.

Penalties for Non-Compliance

Enforcement of food contact material safety in Australia is handled by state and territory food authorities (such as the NSW Food Authority, DHHS Victoria, and Queensland Health), not by FSANZ directly. Penalty structures vary by state and territory, but the potential penalties are among the most severe of any jurisdiction covered by PFAS Packaging Check:

• Corporate civil penalties: up to approximately AUD 1.11 million (varies by state/territory)
• Criminal penalties: up to approximately AUD 5.55 million under state food safety legislation
• Individual penalties: state legislation may also impose penalties on individual directors and officers
• Product recalls and market withdrawal: food authorities can order recalls of non-compliant food contact materials

These penalty amounts vary across Australian states and territories. Businesses operating in multiple jurisdictions should plan for the strictest applicable penalty structure.

State and Territory Enforcement

Australia's federal system means that food safety enforcement is carried out at the state and territory level. Each jurisdiction has its own food authority with inspection and enforcement powers:

• New South Wales: NSW Food Authority
• Victoria: Department of Health and Human Services (DHHS)
• Queensland: Queensland Health / Safe Food Queensland
• Western Australia: Department of Health WA
• South Australia: SA Health
• Tasmania: Department of Health Tasmania
• Northern Territory: NT Department of Health
• ACT: ACT Health

While FSANZ sets the national food standards, enforcement is a state and territory responsibility. Enforcement practices and priorities may differ between jurisdictions. Businesses should understand the enforcement posture of the specific state or territory where they operate.

Import Compliance for Overseas Packaging

Food businesses in Australia that import packaging from overseas manufacturers face particular compliance risks. PFAS use in food packaging remains common among some Asian and developing-market manufacturers, and packaging that is compliant with US or local standards may not meet Australia's compound-specific requirements.

For imported packaging, businesses should:

• Request Certificates of Analysis (COAs) from manufacturers specifically testing for PFOS, PFOA, and PFHxS at the 25 ppb threshold
• Verify that the testing laboratory uses methods capable of detecting these specific compounds at the required sensitivity
• Consider independent third-party testing for high-risk packaging categories (grease-resistant wraps, molded fiber products)
• Maintain documentation of import compliance for regulatory inspection

How Australia Compares to US State Laws

Australia's approach differs from US state PFAS food packaging laws in several key respects:

• Compound-specific vs. class-wide.Australia bans three named PFAS compounds; most US states ban the entire PFAS class (thousands of chemicals). Australia's approach is more targeted but leaves other PFAS compounds unregulated.
• Direct food business liability.Most US states hold manufacturers and distributors liable. Australia's framework extends liability to food businesses themselves — a much broader liability net.
• Penalty severity.Australia's criminal penalties (up to AUD 5.55M) are among the highest of any jurisdiction. Most US states cap civil penalties between $5,000 and $50,000 per violation, though Connecticut includes potential criminal penalties.
• Federal vs. state-level regulation.In the US, PFAS food packaging regulation is entirely at the state level. In Australia, the chemical ban (IChEMS) is federal, while enforcement is state/territory-level — a hybrid approach.

Future Regulatory Outlook

FSANZ is actively reviewing food contact material standards and may introduce additional PFAS-specific thresholds or expand the list of banned compounds. Key developments to watch include:

• Potential expansion of IChEMS to cover additional PFAS compounds beyond the current three
• FSANZ review of food contact material migration limits, which could set PFAS-specific maximum residue limits (MRLs)
• Alignment with international developments, particularly the EU PPWR's three-tier threshold system and the broader OECD PFAS restriction proposals

Businesses that adopt fully PFAS-free packaging now will be well-positioned for any future regulatory expansion, avoiding the cost and disruption of a second reformulation.

Practical Compliance Steps

1. Test specifically for PFOS, PFOA, and PFHxS. Australia bans specific compounds, not all fluorinated chemicals. Request testing or Certificates of Analysis that specifically address these three substances at the 25 ppb threshold.
2. Understand your direct liability as a food business. Under Australian state and territory food safety regulations, liability may extend to your business directly. Do not rely solely on supplier assurances — independently verify packaging compliance.
3. Verify import compliance for overseas packaging. If you import packaging from overseas manufacturers, ensure it meets IChEMS standards. Request COAs showing compliance with Australian thresholds.
4. Check state/territory-specific enforcement rules. Penalties and enforcement procedures vary across Australian states and territories. Verify the specific requirements for where your business operates.
5. Maintain compliance documentation. Keep supplier COAs, test reports, and compliance correspondence organized and accessible for regulatory inspection.
6. Consider moving to fully PFAS-free packaging. While only three compounds are currently banned, the regulatory direction globally is toward broader PFAS restrictions. Transitioning to PFAS-free packaging now avoids future reformulation costs.

Related Reading

• PFAS Food Packaging Bans in 2026: Complete Guide
• EU PPWR Food Packaging Regulations
• How to Check If Your Packaging Contains PFAS
• How to Request PFAS Compliance Documentation from Your Supplier
• PFAS-Free Packaging Alternatives
• PFAS-Free Packaging Cost Guide