Connecticut PFAS Food Packaging Ban: Civil and Criminal Penalties Explained

Connecticut's PFAS Food Packaging Ban: An Overview

Connecticut enacted one of the most aggressive PFAS food packaging laws in the United States. Signed into law in June 2023 as Public Act 23-135 (HB 6368), the ban prohibits the sale or distribution of any food packaging containing intentionally added PFAS (per- and polyfluoroalkyl substances). The law took effect on January 1, 2024.

What distinguishes Connecticut from nearly every other state is its penalty structure. While most states rely exclusively on civil penalties, Connecticut imposes both civil and criminal penalties for violations — making it one of only a handful of US jurisdictions where distributing non-compliant PFAS food packaging can result in criminal liability. This dual-penalty framework makes Connecticut arguably the strictest state in the country for PFAS food packaging enforcement.

This guide covers the specifics of Connecticut's law, its unique penalty structure, who is affected, and what steps food businesses and their suppliers can take to comply. For a broader overview of PFAS regulations across all US states, see our complete guide to PFAS food packaging bans.

Regulation Details

What Packaging Is Covered

Connecticut's ban applies to all food packaging, not just plant fiber-based materials. This comprehensive scope means that any packaging designed for direct food contact — regardless of whether it is made from paper, molded fiber, plastic, foam, or any other material — falls under the law if it contains intentionally added PFAS.

Specific packaging types covered include:

• Molded fiber plates, bowls, and clamshell containers
• Paper bags, wraps, liners, and sleeves
• Pizza boxes and food trays
• Plastic takeout containers and deli containers
• Foam cups and containers
• Microwave popcorn bags and other heat-sealed food packaging
• Paper and plastic cups used for food and beverages
• Any other packaging or serviceware in direct contact with food

The "All Food Packaging" Distinction

Connecticut's all-materials approach is shared by a growing number of states, including Oregon, Minnesota, and Rhode Island. This represents a shift from earlier PFAS laws like California's AB 1200 and Washington's HB 2658, which focused specifically on plant fiber-based packaging.

For food businesses, the practical implication is that you cannot assume any food-contact packaging is exempt based on material type alone. Even plastic containers, which are less commonly associated with PFAS treatment than paper or fiber products, must be verified as compliant if they are sold or distributed in Connecticut.

Penalties: Civil and Criminal Liability

Civil Penalties

Civil penalties under Connecticut's law can reach $10,000 per violation. Each instance of selling or distributing food packaging containing intentionally added PFAS can constitute a separate violation, meaning cumulative exposure for manufacturers and distributors with high product volumes can be substantial. Civil enforcement is typically initiated through administrative action or state attorney general proceedings.

Criminal Penalties

The criminal penalty provision is the feature that sets Connecticut apart. Willful or knowing violations of the PFAS food packaging ban can result in criminal penalties of up to $50,000. Criminal liability generally requires a higher standard of proof than civil liability — prosecutors would typically need to demonstrate that the violator knowingly distributed packaging containing intentionally added PFAS — but the existence of this provision significantly raises the stakes for non-compliance.

The criminal penalty provision is particularly relevant for businesses that have been notified of non-compliance and continue to distribute affected products. A manufacturer that receives a complaint or test results showing PFAS in its packaging and fails to take corrective action faces substantially elevated legal risk in Connecticut compared to other states.

The following table compares Connecticut's penalty structure with other states that have enacted PFAS food packaging restrictions:

Who Is Liable

Connecticut's law places primary liability on manufacturers and distributors of food packaging. These are the businesses that produce packaging materials and sell or distribute them into the Connecticut market. If a manufacturer produces food packaging that contains intentionally added PFAS and a distributor sells that packaging in Connecticut, both may face enforcement action.

The manufacturer-and-distributor liability model means that food businesses purchasing packaging for their own use do not bear direct legal risk under this law. However, the practical reality is that enforcement actions against suppliers can create ripple effects throughout the food service industry. Businesses that proactively verify their suppliers' compliance are better positioned to avoid disruptions.

Exemptions

Connecticut's exemptions are narrower than those in some other states:

• Trace contamination. Packaging where PFAS is present as a trace contaminant — not intentionally added during manufacturing — is exempt from the ban. This exemption acknowledges that environmental contamination, recycled content, and manufacturing cross-contamination can introduce low levels of PFAS into products even when no PFAS was deliberately used.

Notably, Connecticut does not include broader exemptions for specific packaging types or agricultural commodities. The law applies to all food packaging without carve-outs for particular materials or use cases. This means businesses cannot rely on material-specific exemptions to avoid compliance requirements.

The absence of a defined numeric threshold (such as California's 100 ppm TOF limit) means that the determination of what constitutes "intentionally added" versus trace contamination is subject to regulatory interpretation. Manufacturers and distributors should maintain thorough testing documentation to support their position that any detected PFAS is incidental rather than intentional.

How Connecticut Compares to Other States

Connecticut's PFAS food packaging ban sits at the stricter end of the regulatory spectrum among US states. Several features set it apart:

• Criminal penalties. Connecticut is one of only a handful of states that authorize criminal penalties for PFAS food packaging violations. New Jersey's enacted (but not yet effective) law also includes criminal penalties, but among currently enforceable laws, Connecticut stands nearly alone in this regard.
• High civil penalty cap. At $10,000 per violation, Connecticut's civil penalty matches Minnesota and Vermont as among the highest in the country. California and Oregon cap civil penalties at $5,000 per violation.
• All food packaging scope. Connecticut covers all food packaging materials, not just plant fiber. This puts it in the same category as Minnesota, Oregon, and Rhode Island, and ahead of California and Washington in terms of scope.

Steps to Compliance

The following steps can help food businesses and packaging suppliers verify and document compliance with Connecticut's PFAS food packaging ban:

1. Evaluate all food-contact packaging. Because Connecticut's ban covers all food packaging materials, you need to assess every item that comes into direct contact with food — paper, fiber, plastic, foam, and any other material. Do not assume that non-fiber packaging is automatically exempt.
2. Request Certificates of Analysis from each supplier. Ask suppliers for current COAs or Certificates of Compliance confirming that their products do not contain intentionally added PFAS. Given the severity of Connecticut's penalty structure, documented verification is especially important.
3. Pay attention to the criminal penalty threshold. If you are a manufacturer or distributor and become aware of potential PFAS contamination in your products, take immediate corrective action. Continued distribution after being put on notice of non-compliance could elevate your exposure from civil to criminal liability.
4. Document everything. Maintain organized records of supplier communications, test results, COAs, and any corrective actions taken. In a state with criminal penalty exposure, thorough documentation of good-faith compliance efforts is particularly valuable.
5. Identify backup suppliers. Given the enforcement risks in Connecticut, having pre-vetted alternative suppliers reduces your vulnerability to supply chain disruptions if a current supplier is found non-compliant. Our supplier directory can help identify packaging suppliers with verified PFAS compliance.
6. Stay current on enforcement developments. Connecticut's PFAS regulatory landscape continues to evolve. Monitor announcements from the Connecticut Attorney General's office and the Department of Consumer Protection for enforcement actions, guidance documents, and any amendments to the law.