Illinois PFAS Food Packaging Ban (SB 2076): Broadest Scope in the US

Illinois SB 2076: An Overview

Illinois entered the PFAS food packaging landscape with Senate Bill 2076, signed into law on August 2, 2024. What makes Illinois's law remarkable is not just that it bans PFAS in all food packaging — several states now do that — but that it extends its reach beyond the packaging itself to include coatings, inks, and adhesives used on food packaging. This makes SB 2076 the broadest PFAS food packaging law in the United States by scope.

The ban takes effect on January 1, 2026, meaning it is newly enforceable. For food businesses operating in Illinois, manufacturers producing packaging for the Illinois market, and critically, suppliers of printing inks, coatings, and adhesives used on food packaging, the compliance clock is now running.

This guide covers the unique aspects of Illinois's law, its expanded scope, who is affected, and practical compliance steps. For a broader overview of PFAS regulations nationwide, see our complete guide to PFAS food packaging bans.

Regulation Details

What Packaging Is Covered

SB 2076 covers all food packaging containing intentionally added PFAS (per- and polyfluoroalkyl substances). Like Connecticut, Oregon, and Minnesota, Illinois does not limit its ban to plant fiber-based materials. Any packaging designed for direct food contact falls within scope, regardless of the material it is made from.

Covered packaging types 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
• Paper and fiber-based cups
• Any other container in direct contact with food

The Expanded Scope: Coatings, Inks, and Adhesives

The headline feature of SB 2076 is its extension beyond the packaging substrate to cover coatings, inks, and adhesives that are applied to food packaging. This has significant implications for the supply chain:

• Coatings. Many food packaging products receive coatings to provide grease resistance, moisture barriers, or other functional properties. If these coatings contain PFAS, the finished packaging violates Illinois law — even if the base material (paper, cardboard, plastic) is itself PFAS-free.
• Inks. Printing inks used for branding, labeling, or decorative purposes on food packaging are covered. Some specialty inks, particularly those designed for high-performance or resistant printing on food-contact surfaces, have historically contained fluorinated compounds. Packaging printers and their ink suppliers need to verify that the inks used on food packaging destined for Illinois are PFAS-free.
• Adhesives. Adhesives used in the construction or sealing of food packaging are also within scope. This includes adhesives used to seal boxes, attach labels to food containers, and laminate packaging layers together.

This expanded scope means that compliance is not just a matter between a food business and its packaging supplier. It extends deeper into the supply chain to include the companies that provide the raw materials, coatings, and printing used in packaging production.

Penalties for Non-Compliance

Violations of SB 2076 carry civil penalties of up to $5,000 per violation. Enforcement is handled by the Illinois Environmental Protection Agency (Illinois EPA). While the per-violation penalty amount is in line with states like California and Oregon, the broader scope of covered products means that a single manufacturer could face violations related to packaging, coatings, inks, and adhesives — potentially multiplying exposure.

Illinois does not include criminal penalties for PFAS food packaging violations, distinguishing it from Connecticut. However, the civil penalty structure combined with the broad scope creates meaningful financial risk for non-compliant businesses.

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

Who Is Liable

Under SB 2076, manufacturers and distributors of food packaging bear primary liability. This includes not only the producers of finished packaging products but also the manufacturers and distributors of coatings, inks, and adhesives that are used on food packaging. The extended scope of the law creates a broader set of potentially liable parties compared to most other state PFAS laws.

Supplier Chain Implications

The inclusion of coatings, inks, and adhesives means that the following types of businesses may face compliance obligations under SB 2076:

• Food packaging manufacturers
• Food packaging distributors and wholesalers
• Coating and lamination companies that serve food packaging
• Ink manufacturers and printing companies that print on food packaging
• Adhesive manufacturers whose products are used in food packaging

This creates a more complex compliance landscape than in states where only the finished packaging product is regulated. Packaging manufacturers need to verify not just their own materials but also the compliance of every input material that becomes part of the final food-contact product.

Exemptions

SB 2076 includes two key exemptions:

• Non-intentional contamination. Packaging, coatings, inks, or adhesives where PFAS is present as a non-intentional contaminant are exempt from the ban. As with other states, this recognizes that trace PFAS may appear through environmental contamination, recycled content, or cross-contamination in manufacturing, even when no PFAS was deliberately used.
• Six-month sell-through period. Packaging manufactured before the January 1, 2026 effective date may continue to be sold for six months after that date. This provides a transition period for businesses to work through existing inventory without facing immediate penalties. After the sell-through period expires, all food packaging in circulation in Illinois must comply.

The sell-through exemption is a practical provision that acknowledges supply chain realities. However, businesses should not rely on it as a long-term strategy. The six-month window is intended to prevent waste from existing inventory, not to delay compliance planning. Businesses that have not transitioned to PFAS-free packaging and materials by mid-2026 face enforcement risk.

Newly Effective: What Businesses Need to Know Now

With a January 1, 2026 effective date, SB 2076 is one of the most recently activated PFAS food packaging laws in the country. Several aspects are particularly relevant for businesses right now:

• The sell-through clock is running. If your business or your suppliers have existing inventory of food packaging manufactured before January 1, 2026, the six-month sell-through period provides some breathing room. But this window closes in mid-2026, and after that date, all food packaging distributed in Illinois must be compliant.
• Coating and ink suppliers may not yet be prepared. Because most state PFAS laws focus solely on the packaging itself, some coating and ink suppliers may not have evaluated their products for PFAS compliance. Packaging manufacturers who rely on third-party coatings and inks should proactively engage these suppliers now.
• Documentation is essential from day one. The Illinois EPA may begin requesting compliance documentation at any point after the effective date. Having COAs and compliance certifications ready from the outset is preferable to scrambling after an inquiry.

Steps to Compliance

The following steps can help food businesses, packaging manufacturers, and material suppliers comply with Illinois SB 2076:

1. Map your full supply chain. Because SB 2076 covers coatings, inks, and adhesives in addition to packaging, you need visibility into every material that goes into your food packaging products. Identify all suppliers of base materials, coatings, inks, and adhesives.
2. Request COAs from all material suppliers. Ask each supplier — not just packaging manufacturers, but coating, ink, and adhesive suppliers — for Certificates of Analysis confirming their products do not contain intentionally added PFAS.
3. Audit inks and coatings specifically. Given that most states do not regulate inks and coatings on food packaging, suppliers in this segment may be less prepared for PFAS compliance inquiries. Be proactive in requesting documentation and consider independent testing if supplier documentation is inadequate.
4. Track sell-through inventory. If you have pre-effective-date inventory, document when it was manufactured and plan to exhaust it within the six-month sell-through period. After that window closes, only compliant products may be distributed.
5. Identify PFAS-free alternatives for every input. For any coatings, inks, or adhesives that contain PFAS, work with suppliers to identify or reformulate PFAS-free alternatives. Our supplier directory can help identify verified PFAS-free packaging suppliers.
6. Monitor Illinois EPA guidance. As a newly effective law, Illinois EPA may issue additional guidance documents, enforcement priorities, or FAQ resources. Stay current with agency publications to ensure your compliance approach aligns with regulatory expectations.