New Jersey PFAS Food Packaging Law (S 2560): What Food Businesses Need to Know

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 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.

Despite the delayed effective date, New Jersey's penalty structure is among the strongest in the country. The law authorizes both civil and criminal penalties — making New Jersey one of only a few states where PFAS food packaging violations can result in criminal liability. This combination of a generous phase-in period with severe 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 all food packaging sold or distributed in the state that contains intentionally added PFAS. Unlike earlier state laws such as New York's S.8817, which targeted only plant fiber-based packaging, New Jersey adopted the broader approach that has become the standard among more recent PFAS food packaging laws.

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
• Plastic containers — takeout containers, deli containers, and other plastic food packaging
• Microwave packaging — popcorn bags and other heat-sealed food packaging
• Any other food-contact packaging — serviceware and packaging materials that come into direct contact with food

The all-materials scope means that food businesses cannot assume any particular type of packaging is exempt based on material alone. Whether your takeout containers are paper, plastic, or molded fiber, they must be verified as free of intentionally added PFAS before the 2028 effective date.

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:

• Connecticut enacted its law in June 2023 and enforced it by January 2024 — roughly six months.
• Minnesota signed its law in May 2023 with a January 2024 effective date — approximately eight months.
• New Hampshire enacted in July 2024 with a January 2027 effective date — approximately two and a half years.
• New Jersey enacted 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 penalty structure is among the strongest of any state with an enacted PFAS food packaging law. The law establishes a tiered civil penalty system with escalating consequences for repeat offenders, plus the availability of criminal penalties for egregious violations.

Civil Penalties

Civil penalties under S 2560 are structured as follows:

• First offense: Up to $10,000 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:

New Jersey's $25,000 maximum for subsequent civil offenses is among the highest in the country. Combined with criminal penalty exposure, the total enforcement risk in New Jersey exceeds that of most other states.

Criminal Penalties

New Jersey is one of only a few US states that authorize criminal penalties for violations of PFAS food packaging laws. Under S 2560, criminal penalties of up to $25,000 are available for violations. This places New Jersey alongside Connecticut as states where non-compliance can move beyond civil fines into criminal liability territory.

The criminal penalty provision is particularly relevant for businesses that have been put on notice of non-compliance. A manufacturer that receives test results indicating PFAS in its packaging, or that is informed of a compliance issue by a customer or regulator, and fails to take corrective action faces heightened legal risk under New Jersey's law compared to states with civil-only enforcement.

Who Is Liable

Under S 2560, liability falls on manufacturers and distributors of 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.

Steps to Compliance

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 current packaging inventory. Identify every food-contact packaging item you purchase, including the supplier, product name, material type, and any existing PFAS-related documentation. Because S 2560 covers all food packaging materials, every item in your inventory needs to be evaluated.
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.