What Happens If You Violate PFAS Packaging Laws? Penalties by State

PFAS Packaging Penalties: What's at Stake for Food Businesses

PFAS food packaging bans are now in effect across more than a dozen U.S. states, with additional laws taking effect in the coming years. For food businesses — restaurants, food trucks, catering companies, and packaged food brands — these regulations raise a practical question: what actually happens if your business uses non-compliant packaging?

The answer varies significantly depending on where you operate. Penalties range from a few hundred dollars per violation to tens of thousands of dollars, and some states impose daily fines for ongoing violations. Perhaps more importantly, the question of who bears liability — the packaging manufacturer, the distributor, or the food service operator — differs from state to state.

This guide provides a state-by-state breakdown of PFAS food packaging penalties, drawn from the underlying legislative sources. For a broader overview of which states have PFAS bans and what packaging they cover, see our complete guide to PFAS food packaging bans.

Penalty Comparison by State

The table below summarizes the civil penalty structure, criminal penalties (where applicable), packaging scope, and restaurant liability status for each state with an enacted PFAS food packaging law.

The wide range of penalty structures reflects different legislative approaches. Some states treat PFAS packaging violations as a consumer protection issue with modest per-violation fines, while others impose significant daily penalties designed to compel rapid compliance. The sections below explore the details for each major state.

California

California's AB 1200, one of the earliest PFAS food packaging laws in the country, is enforced by the Department of Toxic Substances Control (DTSC). The law authorizes civil penalties of up to $5,000 per day for violations, making it among the more aggressive penalty structures in the nation. Because penalties accrue daily, a business distributing non-compliant packaging over an extended period could face substantial cumulative fines.

Under AB 1200, primary liability falls on manufacturers and distributors of food packaging, not on the restaurants or food trucks that purchase and use the packaging. DTSC enforcement has historically focused on upstream parties in the supply chain. However, any entity that manufactures, distributes, or sells covered food packaging in California could potentially be subject to enforcement. Businesses that both manufacture their own packaging (for example, a packaged food brand producing its own containers) may want to pay particular attention to this distinction.

For a detailed breakdown of California's PFAS requirements, see our California PFAS food packaging guide or visit the California regulation details page.

New York

New York's PFAS food packaging law, codified at ECL §37-0211, carries some of the highest per-violation penalties of any state. First-time violations may result in fines of up to $10,000 per violation, and subsequent violations can reach $25,000 per violation. This escalation structure means that a company with a pattern of non-compliance could face very significant financial exposure.

As in most states, New York's law targets manufacturers and distributors rather than end-use food service operators. The law prohibits the distribution and sale of food packaging containing intentionally added PFAS, placing the compliance obligation on entities that introduce covered packaging into the New York market. Restaurants and food trucks purchasing packaging from third-party suppliers are generally not the direct target of enforcement, though maintaining documentation of supplier compliance could be valuable if questions arise.

Read more in our New York PFAS food packaging guide or review the New York regulation details page.

Washington

Washington's PFAS food packaging restrictions, established under Ch. 70A.222 RCW, carry a civil penalty of $1,000 per violation. While this per-violation amount is lower than some other states, each unit of non-compliant packaging sold or distributed could constitute a separate violation, meaning aggregate penalties can still be meaningful for large-volume distributors.

Washington's enforcement framework focuses on manufacturers and distributors. The state Department of Ecology oversees compliance, and enforcement efforts have generally been directed at the entities producing and selling food packaging rather than the food businesses that purchase it. Washington's law also includes provisions for the department to provide technical assistance to businesses seeking to come into compliance, reflecting a somewhat collaborative approach to enforcement.

For the full picture, see our Washington PFAS food packaging guide or visit the Washington regulation details page.

Minnesota

Minnesota stands out from nearly every other state for two reasons: the severity of its penalties and the breadth of its liability provisions. Under Minn. Stat. §325F.075, violations may result in fines of up to $10,000 per violation, plus an additional $10,000 per day for each day the violation continues. For a business found to be distributing or using non-compliant packaging over a period of weeks or months, the cumulative penalty could be substantial.

More significantly, Minnesota is one of the few states where food service operators are directly liable for using non-compliant packaging. While most state PFAS laws focus enforcement on manufacturers and distributors, Minnesota's statutory language extends coverage to entities that use or offer food in covered packaging. This means a restaurant, food truck, or catering company in Minnesota could potentially face enforcement action for using PFAS-containing food packaging, even if the manufacturer is the original source of the non-compliant product.

Given this liability exposure, food businesses operating in Minnesota may want to take particular care in documenting their packaging suppliers' compliance claims. Our supplier documentation template provides a starting point for requesting the relevant records. See also our Minnesota PFAS food packaging guide and the Minnesota regulation details page.

Oregon

Oregon's SB 543 imposes civil penalties of $500 per day for ongoing violations of its PFAS food packaging restrictions. Like California's daily penalty structure, this approach means that penalties accumulate for each day a business remains out of compliance, creating a strong incentive for prompt corrective action once a violation is identified.

Liability under Oregon's law is directed at manufacturers and distributors. Food service operators purchasing packaging from third-party suppliers are generally not the target of enforcement. However, the daily penalty structure underscores the importance of addressing compliance issues quickly if they are identified — even for upstream parties, a few weeks of non-compliance could result in penalties in the tens of thousands of dollars.

Learn more in our Oregon PFAS food packaging guide or review the Oregon regulation details page.

Hawaii

Hawaii's HB 2088 establishes a tiered penalty structure: $5,000 for a first violation and $10,000 for subsequent violations. This escalation mirrors the approach taken by New York and Illinois, where repeat non-compliance results in significantly higher fines. The doubling of the penalty for subsequent violations is designed to discourage ongoing or repeated failure to comply.

Enforcement in Hawaii is directed at manufacturers and distributors of food packaging. Food service operators who purchase packaging from compliant suppliers are generally not the direct target of enforcement actions. Hawaii's geographic isolation as an island state means that packaging supply chains may be more concentrated, which could make enforcement against distributors somewhat more straightforward than in larger mainland states.

For more details, see our Hawaii PFAS food packaging guide or visit the Hawaii regulation details page.

Colorado

Colorado's C.R.S. §25-17-507 establishes a civil penalty of $500 per violation. While this is on the lower end of the penalty spectrum compared to states like New York or Minnesota, the per-violation structure means that each non-compliant product or transaction could be treated as a separate violation, with penalties accumulating accordingly.

Colorado's law places liability on manufacturers and distributors of food packaging, not on end-use food service operators. The state has taken a phased approach to its PFAS restrictions, with different packaging categories becoming regulated on different timelines. This phased approach may provide some additional transition time for businesses, but it also means that staying current on which specific packaging types are covered at any given time is important for manufacturers and distributors operating in the state.

Read our Colorado PFAS food packaging guide or check the Colorado regulation details page for the latest information.

Illinois

Illinois's HB 4144 imposes penalties of $5,000 per violation for first offenses and $10,000 per violation for subsequent offenses. This tiered structure, similar to New York's and Hawaii's, penalizes repeat non-compliance more severely.

Notably, Illinois is one of the few states where the law's liability provisions explicitly include users of food packaging, not just manufacturers and distributors. This means that restaurants, food trucks, and other food service operators in Illinois could potentially face enforcement action for using PFAS-containing packaging. While enforcement priorities may initially focus on upstream parties, the statutory text does not exclude downstream users from its scope. Food businesses operating in Illinois may want to treat this similarly to Minnesota's user-liable framework and take care to document their suppliers' compliance.

See our Illinois PFAS food packaging guide or the Illinois regulation details page for more information.

Other States at a Glance

Several additional states have enacted PFAS food packaging restrictions with their own penalty structures:

• Vermont (Act 58): Penalties fall under the state's general consumer protection framework. Liability is on manufacturers and distributors. Vermont guide | Regulation details
• Connecticut (PA 21-191): $500 per violation. Manufacturer and distributor liability. Connecticut guide | Regulation details
• Maryland (HB 0275): $500 per violation. Manufacturer and distributor liability. Maryland guide | Regulation details
• Rhode Island (H 7438 Sub A): $500 per violation. Manufacturer and distributor liability. Rhode Island guide | Regulation details
• Maine (Ch. 277 §1614): $500 per violation plus $250 per day for ongoing violations. Manufacturer and distributor liability. Maine guide | Regulation details
• New Hampshire (enacted, not yet effective): Penalty structure defined in the legislation. Manufacturer and distributor liability. New Hampshire guide | Regulation details
• New Mexico (enacted, not yet effective): Penalty structure to be determined as enforcement begins. New Mexico guide | Regulation details
• New Jersey (fiber-based packaging only): Penalty provisions defined in the statute. Manufacturer and distributor liability. New Jersey guide | Regulation details

What About Restaurants and Food Trucks?

For most food service operators, the question of personal liability is the most pressing concern. The good news is that in the majority of states, primary liability for PFAS food packaging violations falls on manufacturers and distributors — the entities that produce and sell the packaging, not the businesses that purchase and use it.

However, there are important exceptions that food service operators may want to be aware of:

• Minnesota: Food service operators are directly liable under Minn. Stat. §325F.075. Restaurants, food trucks, and catering companies that use non-compliant packaging could face enforcement action and penalties of up to $10,000 per violation plus $10,000 per day for ongoing violations.
• Illinois: HB 4144 explicitly lists users of food packaging alongside manufacturers and distributors as covered parties. While enforcement priorities have not yet been fully established, the statutory text could support action against food service operators.
• Other states: Even in states where the law primarily targets manufacturers and distributors, the legal definitions of "distribute," "sell," or "offer for sale" could arguably extend to restaurants and food trucks that serve food in covered packaging. While enforcement against food service operators in these states appears unlikely in the near term, the legal language does not always draw a bright line.

The practical takeaway is that even in states where restaurants are not the primary enforcement target, demonstrating that your business took reasonable steps to verify packaging compliance is generally a sound practice. Maintaining records of supplier certifications and compliance documentation provides a factual basis for any good-faith defense if questions arise. Our supplier documentation template offers a structured approach to requesting the relevant records from your packaging suppliers.

Protecting Your Business

While the penalty landscape varies by state, there are several practical steps food businesses may want to consider to reduce their compliance risk:

• Request compliance documentation from your packaging suppliers. Ask for Certificates of Analysis (COAs), Letters of Compliance, and testing results that specifically address PFAS content. Our supplier documentation template provides a ready-to-use letter and checklist for this purpose.
• Use the free compliance checker. Our regulation checker tool allows you to see which PFAS food packaging rules may apply based on where your business operates and what types of packaging you use. It takes less than two minutes and does not require an account.
• Keep records of supplier certifications. If your business is ever questioned about packaging compliance, having organized records of supplier certifications, COAs, and compliance letters demonstrates that you took reasonable steps to verify your packaging met applicable requirements.
• Monitor regulatory changes. PFAS regulations are evolving rapidly, with new states considering legislation and existing states adjusting their rules. PFAS Packaging Check's alert subscription feature can notify you when regulations change in states where you operate, helping you stay current without having to track legislative developments manually.