Do I Need PFAS-Free Packaging? A Guide for Food Businesses

The Short Answer

If you operate a food business in one of the 16+ US states that have enacted PFAS food packaging restrictions, you may need to ensure your packaging meets those requirements. The answer depends on three things: where you operate, what packaging you use, and what material it’s made from.

Unlike many food-safety regulations, PFAS food packaging laws are not governed at the federal level. Instead, individual states have passed their own laws, each with different scopes, effective dates, and penalties. That patchwork is what makes the question “do I need PFAS-free packaging?” harder to answer than it ought to be.

This guide breaks it down by state, business type, and packaging material so you can quickly figure out where you stand. It is not legal advice — always consult qualified counsel for guidance specific to your situation.

What PFAS Are and Why They’re Being Regulated

PFAS stands for per- and polyfluoroalkyl substances, a family of more than 14,000 synthetic chemicals. In food packaging, PFAS have been used for decades to make containers, wraps, and bags resistant to grease, oil, and moisture. When you pick up a molded fiber takeout container and notice that the grease from your burger isn’t soaking through, there is a good chance PFAS is the reason why.

These chemicals are often called “forever chemicals” because their carbon-fluorine bonds are among the strongest in organic chemistry, meaning they do not break down in the environment. PFAS persist in soil, water, and the human body for years or longer. A growing body of peer-reviewed research has linked PFAS exposure to health concerns including endocrine disruption, certain cancers, immune system effects, and reproductive harm.

Those health concerns are the driving force behind the wave of state legislation now restricting PFAS in food packaging. Starting with Washington State and New York in the early 2020s, the movement has accelerated rapidly. As of early 2026, more than a dozen US states have active PFAS food packaging bans, with more taking effect each year. For a deeper dive into the health science, see our complete 2026 compliance guide.

The Compostable Packaging Surprise

Here is something that catches many food business owners off guard: some of the packaging most likely to contain PFAS is the packaging marketed as “eco-friendly” and “compostable.”

Molded fiber packaging — the kind made from bagasse (sugarcane fiber), bamboo, wheat straw, or recycled paper — has been the go-to choice for businesses trying to reduce their environmental footprint. The problem is that plant-fiber materials are naturally porous and absorbent. Without some kind of coating, they soak up grease and moisture quickly, making them impractical for hot, oily, or liquid foods. For decades, the coating of choice was PFAS.

This does not mean all compostable packaging contains PFAS. The market has shifted significantly since these findings were published, and many manufacturers now produce PFAS-free compostable options using alternative coatings such as PLA, wax, or clay. The key takeaway is that the word “compostable” on a label tells you nothing about PFAS content. You need specific documentation from your supplier. See our guide to checking your packaging for PFAS for how to get that documentation.

Which States Have PFAS Food Packaging Laws?

As of February 2026, the following US states have enacted PFAS food packaging restrictions that are currently in effect. If your business operates in — or ships food packaging into — any of these states, these laws may apply to you.

Currently Effective (as of 2026)

• New York — Bans PFAS in plant-fiber food packaging. In effect since December 2022.
• California — Bans PFAS in plant-fiber food packaging above 100 ppm TOF. In effect since January 2023.
• Washington — Phased ban covering paper wraps (2023) and all plant-fiber food packaging (2025).
• Vermont — One of the broadest US bans. Covers all food packaging plus food service gloves.
• Colorado — Covers plant-fiber food packaging. In effect since January 2024.
• Connecticut — Covers all food packaging materials. Includes criminal penalties up to $50,000.
• Maryland — Covers plant-fiber food packaging and food service gloves. In effect since January 2024.
• Minnesota — Covers all food packaging. Notably may extend liability to restaurants and food service operators directly.
• Hawaii — Covers specified plant-fiber food packaging types. In effect since December 2024.
• Oregon — Covers all foodware containers. In effect since January 2025.
• Rhode Island — Covers all food packaging. In effect since January 2025.
• Illinois — Broad ban covering all food packaging plus coatings, inks, and adhesives. In effect since January 2026.
• Maine — Phase 1 (plant-fiber packaging) effective 2026. Phase 2 (2032) will cover all products.
• New Hampshire — Enacted. Effective date in 2027.
• New Mexico — Enacted. Effective date in 2027.
• New Jersey — Covers fiber-based food packaging. Enacted with an upcoming effective date.

International

• Australia — FSANZ restricts specific PFAS compounds (PFOS, PFOA, PFHxS) in food-contact materials. Liability may extend to food businesses directly.
• European Union — The PPWR introduces a three-tier PFAS limit system for food-contact packaging, effective August 2026.

For a detailed breakdown of every jurisdiction including penalties, thresholds, and enforcement mechanisms, see the full 2026 compliance guide. You can also check individual state regulation pages for jurisdiction-specific details.

Does It Apply to My Business Type?

PFAS food packaging laws are written to regulate the packaging itself, not the food inside it. But who bears liability for non-compliant packaging varies by state. The following covers how these laws generally apply to different types of food businesses.

Restaurants

In most states, PFAS food packaging laws target manufacturers and distributors — meaning your packaging supplier bears the primary legal obligation to ensure the packaging they sell is compliant. As a restaurant, you are typically the end user, not the regulated party.

However, there are important exceptions. In Minnesota, the statute language may extend liability to food service operators directly, meaning restaurants could face penalties for using non-compliant packaging even if the supplier sold it to them. In Illinois, the broad scope of the law could create similar exposure.

Even in states where restaurants are not directly liable, using compliant packaging protects your business from supply chain disruption, potential future regulatory changes, and customer concerns. Many restaurant operators find that requesting PFAS compliance documentation from their suppliers is a prudent step regardless of who bears formal liability.

Food Trucks & Mobile Vendors

Food trucks and mobile vendors are explicitly covered as “food vendors” or “food service establishments” under most state PFAS laws. The same rules that apply to brick-and-mortar restaurants generally apply to mobile operations.

Food trucks tend to have higher per-customer packaging usage than sit-down restaurants because virtually every order goes out in disposable packaging. That higher reliance on disposable containers, wraps, and bags means a larger portion of your operating costs is tied to packaging, and a correspondingly larger exposure if that packaging turns out to be non-compliant. Verifying your packaging through the free compliance checker takes under a minute and could save significant headaches down the road.

Caterers

Catering businesses face a unique challenge: if you cater events across state lines, you may need to meet the PFAS packaging requirements of each state where you serve food. A caterer based in Pennsylvania (which currently has no PFAS food packaging ban) who regularly serves events in New York or Connecticut could be bringing non-compliant packaging into a regulated state.

Multi-state compliance is more complex, but many caterers find that adopting a single PFAS-free packaging standard across all operations is simpler than maintaining different packaging inventories for different states. For guidance on managing multi-state compliance, the compliance checker allows you to check multiple states simultaneously.

Packaged Food Brands

If you manufacture or distribute packaged food products, you likely fall under the “manufacturer” or “distributor” definitions in virtually every state with a PFAS food packaging ban. This means you bear direct liability for ensuring your packaging meets applicable requirements.

The scope of what constitutes “food packaging” is broad. Bags, pouches, trays, wraps, boxes, and any other material in direct contact with food are covered. If your products are sold or distributed in multiple states, you need to comply with the regulations in each of those states. In practice, this often means meeting the standard of the most restrictive jurisdiction where your products are sold.

Maintaining supplier documentation — Certificates of Analysis (COAs) and Certificates of Compliance — is particularly important for packaged food brands, as regulators may request this documentation during inspections or enforcement actions. See our supplier documentation template for guidance on what to request from your packaging suppliers.

Ghost Kitchens / Virtual Brands

Ghost kitchens and virtual restaurant brands are subject to the same PFAS packaging rules as traditional restaurants. However, ghost kitchens often operate multiple brands out of a single facility, and each brand may use different packaging. If you run three virtual brands out of one kitchen, each brand’s packaging needs to comply independently.

The high volume of delivery-only orders in ghost kitchen operations also means that nearly 100% of food goes out in disposable packaging, making packaging compliance a more central operational concern than it might be for a dine-in restaurant where most food is plated.

What Packaging Types Are Covered?

Not all state PFAS bans cover the same materials. Understanding the scope of coverage in your state is essential for determining what changes, if any, you may need to make.

Plant-Fiber-Based Packaging Only

Several states restrict PFAS only in plant-fiber-based food packaging — meaning containers, plates, bowls, and wraps made from molded fiber, bagasse, bamboo, paper, or other plant-derived materials. States with this narrower scope include New York, California, Washington, and New Jersey. If you use only plastic or metal packaging in these states, the current PFAS restrictions may not apply to those specific items.

All Food Packaging Materials

Other states have enacted broader bans covering PFAS in all food packaging regardless of material type. This includes plastic, paper, fiber, foil, and any other material used for food contact. States with this broader scope include Minnesota, Colorado, Vermont, Hawaii, Maine, and Illinois.

Common Items to Check

The following packaging types are covered in most jurisdictions:

• Clamshell takeout containers
• Bowls (soup, salad, poke, grain)
• Plates and food trays
• Cups and cup lids
• Paper wraps and sandwich wraps
• Pizza boxes
• Grease-resistant bags
• Food boats and portion trays

If your packaging is made from molded fiber, bagasse, or other plant-based materials, it is covered in nearly every state with a PFAS ban. Plant-fiber packaging is the highest-risk category because it historically relied on PFAS for grease resistance. Even in states with narrower scope, plant-fiber food packaging is consistently the primary target.

How to Check Your Compliance

You do not need to hire a consultant or read legal statutes to get a basic understanding of where you stand. The process breaks down into three practical steps.

1. Identify Your States of Operation

List every state where your business operates, sells products, or ships food packaging. This includes any state where your packaged food products end up on shelves, where your catering business serves events, or where your food truck parks. Each state may have different requirements, and you need to account for all of them. Check our state regulation pages for jurisdiction-specific details.

2. Inventory Your Packaging Types and Materials

Walk through your operation and catalog every type of food-contact packaging you use. For each item, note the material (fiber, paper, plastic, foil) and the supplier. Pay special attention to any plant-fiber-based items, as these are the most likely to contain PFAS and the most commonly regulated category.

3. Check Against Current Regulations

With your state list and packaging inventory in hand, you can cross-reference against current regulations using the free compliance checker. The tool covers 18 jurisdictions and all major packaging types, giving you a quick snapshot of which items may need attention.

For a more detailed walkthrough of the verification process, including how to request documentation from your suppliers, see our step-by-step guide to checking your packaging for PFAS. For template letters you can send to your suppliers, see the supplier documentation template.

What If You’re Not Compliant?

If you discover that some of your packaging may not meet the requirements in your state, the situation is not as dire as it might sound. In most states, enforcement has focused on manufacturers and distributors rather than individual restaurants or food service operators. Regulatory agencies generally prioritize education and voluntary compliance before pursuing penalties, particularly during the early enforcement period after a law takes effect.

Penalties for non-compliance vary significantly by state, ranging from a few hundred dollars to tens of thousands per violation. Some states treat each day of continued non-compliance as a separate violation, which can compound quickly. For a complete breakdown of penalties by jurisdiction, see our penalties by state guide.

The practical path forward is straightforward: contact your supplier about PFAS status, request documentation, and begin transitioning any non-compliant items to PFAS-free alternatives. Many suppliers can provide drop-in replacements that work with your existing operations.

Finding PFAS-Free Alternatives

PFAS-free packaging alternatives exist for virtually every food service application. The market has expanded considerably since the first state bans took effect, and the price premium for PFAS-free options has narrowed as demand has grown. Common alternative technologies include PLA (polylactic acid) coatings, wax-based treatments, clay coatings, and uncoated natural fiber options that provide adequate grease resistance without PFAS.

For a detailed look at what PFAS-free alternatives cost compared to conventional packaging, see our PFAS-free packaging cost guide. The typical price premium ranges from 5% to 20% above conventional equivalents — for most food businesses, that translates to a modest monthly cost increase that is significantly less than the potential cost of a single compliance violation.

Suppliers like Good Start Packaging and others offer certified PFAS-free product lines with supporting documentation. The PFAS Packaging Check supplier directory (available to paid subscribers) includes vetted distributors and manufacturers offering verified PFAS-free food packaging, searchable by packaging type and geographic coverage.