NJ PFAS Food Packaging Ban 2028: Up to $25K Penalties

Overview

New Jersey became one of a growing number of US states to restrict PFAS (per- and polyfluoroalkyl substances) in food packaging when Governor Phil Murphy signed S 2560 into law on January 8, 2024. The law prohibits the sale or distribution of fiber-based food packaging containing intentionally added PFAS in the state of New Jersey. However, the ban does not take effect until January 1, 2028— giving businesses and manufacturers the longest phase-in period of any US state with an enacted PFAS food packaging law.

That four-year runway between enactment and enforcement is significant. While states like Connecticut and Minnesota moved from enactment to enforcement within months, New Jersey's legislature chose to give the packaging supply chain substantial time to reformulate products, secure PFAS-free alternatives, and update compliance documentation. For food businesses operating in New Jersey, this window represents an opportunity to prepare well in advance rather than scrambling at the last minute.

New Jersey's penalty structure is notable, with civil penalties escalating from $1,000 for first offenses to $25,000 for subsequent violations. This combination of a generous phase-in period with meaningful consequences for non-compliance after that period expires makes S 2560 a law that businesses should take seriously now.

For a broader look at PFAS food packaging regulations across all US states, see our complete guide to PFAS food packaging bans in 2026.

Regulation Details

What Packaging Is Covered

New Jersey's S 2560 applies to fiber-based food packagingsold or distributed in the state that contains intentionally added PFAS. This follows the same plant fiber-focused approach as earlier state laws like New York's S.8817 and Washington's HB 2658, rather than the broader all-materials scope adopted by states like Connecticut and Minnesota.

Covered packaging types include:

• Molded fiber containers— plates, bowls, clamshells, and trays made from sugarcane, bamboo, or wood pulp
• Paper products— bags, wraps, liners, bakery bags, sandwich wraps, and deli paper
• Pizza boxes— corrugated and fiber-based pizza packaging
• Cups— paper and fiber-based hot and cold beverage cups
• Any other plant fiber-based food-contact packaging— serviceware and packaging materials made from plant fibers that come into direct contact with food

Packaging made from non-fiber materials — plastic takeout containers, polystyrene foam, aluminum foil, and metal cans — falls outside the scope of S 2560. However, businesses that have switched to fiber-based “eco-friendly” packaging should verify those products are PFAS-free before the 2028 deadline.

The Extended Phase-In Period

New Jersey's four-year gap between enactment (January 2024) and enforcement (January 2028) is the longest of any US state with an enacted PFAS food packaging law. For comparison:

• Connecticutenacted its law in June 2023 and enforced it by January 2024 — roughly six months.
• Minnesotasigned its law in May 2023 with a January 2024 effective date — approximately eight months.
• New Hampshireenacted in July 2024 with a January 2027 effective date — approximately two and a half years.
• New Jerseyenacted in January 2024 with a January 2028 effective date — a full four years.

The New Jersey legislature's rationale for the extended timeline reflects an acknowledgment that reformulating food packaging to eliminate PFAS requires significant investment from manufacturers. Grease-resistant coatings, moisture barriers, and heat-resistant treatments have historically relied on PFAS chemistry, and developing effective alternatives at commercial scale takes time. The four-year window is designed to allow the supply chain to transition without creating shortages or forcing businesses to accept inferior packaging performance.

Penalties

New Jersey's S 2560 establishes a tiered civil penalty system with escalating consequences for repeat offenders:

• First offense: Up to $1,000 per violation
• Subsequent offenses: Up to $25,000 per violation

Each unit of non-compliant packaging sold or distributed in New Jersey can constitute a separate violation. For manufacturers and distributors with high product volumes, cumulative exposure can be substantial. A distributor selling non-compliant packaging to dozens of New Jersey food businesses could face penalties that scale rapidly with each separate transaction.

The table below compares New Jersey's penalty structure with several other states:

While New Jersey's first-offense penalty is relatively modest at $1,000, the $25,000 maximum for subsequent violations is among the highest in the country. The steep escalation is designed to deter repeated non-compliance after an initial warning.

Who Is Liable

Under S 2560, liability falls on manufacturers and distributors of fiber-based food packaging containing intentionally added PFAS. This follows the same liability model used by most US states with PFAS food packaging laws, placing enforcement responsibility on the packaging supply chain rather than on end-use food service operators.

The manufacturer-and-distributor model means that your packaging supplier bears the primary legal obligation. As a food business operator, your role is to obtain documentation from your suppliers confirming that their products will comply with S 2560 by the January 2028 effective date. Starting those conversations now, during the phase-in period, gives you and your suppliers time to address any gaps.

Common Steps Businesses Take

The extended phase-in period gives New Jersey food businesses and their suppliers ample time to prepare. The following steps outline a practical compliance approach:

1. Audit your fiber-based packaging inventory. Identify every fiber-based food-contact packaging item you purchase, including the supplier, product name, material type, and any existing PFAS-related documentation. Focus on molded fiber containers, paper bags, wraps, cups, and pizza boxes.
2. Contact your suppliers early. Reach out to each packaging supplier and ask whether their products contain intentionally added PFAS. Request a timeline for transitioning to PFAS-free formulations if they have not already done so. Suppliers that cannot provide a clear transition plan by mid-2027 should be flagged for replacement.
3. Request compliance documentation.Obtain one or more of the following from each supplier: a Certificate of Compliance confirming the product meets S 2560 requirements, third-party lab test results showing total organic fluorine (TOF) levels below detection limits (typically below 10–20 ppm indicates no intentional PFAS addition), or a supplier declaration letter affirming that PFAS is not used in manufacturing.
4. Evaluate PFAS-free alternatives now. Use the phase-in period to test PFAS-free packaging with your actual food products. Grease resistance, moisture performance, and heat tolerance can vary between suppliers. Testing now avoids rushed decisions in late 2027. Our supplier directory lists verified PFAS-free packaging vendors.
5. Establish a documentation system.Create a centralized file — physical or digital — for all supplier certifications, test results, and compliance correspondence. If your business is ever questioned about its packaging, having organized records demonstrates due diligence and good faith effort.
6. Set calendar reminders for key dates.Mark January 1, 2028 as the hard compliance deadline. Set intermediate milestones — such as completing supplier outreach by mid-2026 and finalizing alternative packaging by mid-2027 — to keep your transition on track.
7. Monitor regulatory developments.New Jersey's Department of Environmental Protection may issue guidance, clarifications, or implementing regulations as the 2028 effective date approaches. Stay current on any developments that could affect your compliance obligations.

Related Reading

• PFAS Food Packaging Bans in 2026: Complete Guide
• New York PFAS Food Packaging Law
• New Hampshire PFAS Food Packaging Law
• How to Request PFAS Compliance Documentation from Your Supplier
• Do I Need PFAS-Free Packaging?