Rhode Island PFAS Food Packaging Ban: All Packaging Covered Since 2025

Rhode Island PFAS Food Packaging Ban: An Overview

Rhode Island enacted its PFAS food packaging ban on July 6, 2023, through H 7438 / S 2044. Unlike many other state laws that limit coverage to plant-fiber packaging, Rhode Island prohibits PFAS in all food packaging, regardless of material. The law took effect on January 1, 2025.

Enforcement is handled by the Rhode Island Department of Environmental Management (DEM) under Chapter 23-18.13. Liability falls on manufacturers and distributors — restaurants and food service operators are not directly named as liable parties. However, because the law covers all packaging materials, food businesses in Rhode Island face a broader supplier compliance review than those in states with plant-fiber-only restrictions.

For context across all US states, see our complete guide to PFAS food packaging bans in 2026.

Regulation Details

What Packaging Is Covered

Rhode Island's ban applies to any food packaging containing intentionally added PFAS. There is no carve-out for material type. Covered packaging includes, but is not limited to:

• Molded fiber clamshells, bowls, and plates
• Paper cups, bags, and wraps
• Plastic containers (takeout containers, deli containers, clamshells)
• Polystyrene foam containers and cups
• Aluminum foil and foil-lined packaging
• Multi-layer laminate pouches and sachets
• Pizza boxes

The “Intentionally Added” Standard

Rhode Island's law, like most US state bans, targets PFAS that are intentionally added to packaging — meaning PFAS incorporated by a manufacturer for a functional purpose such as grease resistance, water repellency, or non-stick properties. The law does not prohibit packaging that contains trace PFAS contamination from environmental sources, provided those compounds were not deliberately incorporated.

In practice, “intentionally added” packaging — treated with PFAS coatings — will typically test at hundreds or thousands of parts per million of total organic fluorine (TOF). Genuine PFAS-free packaging commonly tests below 20 ppm TOF. Supplier-provided certificates of compliance and independent TOF test results are the primary tools for distinguishing the two.

Penalties for Non-Compliance

Rhode Island's PFAS packaging ban carries a tiered penalty structure:

• First violation: up to $1,000
• Subsequent violations: up to $5,000 per violation

Penalties are enforced by RI DEM under Chapter 23-18.13. While the first-violation penalty is relatively modest, repeat violations escalate to $5,000 per occurrence, which can accumulate quickly across large product volumes.

Common Steps Businesses Take

1. Conduct a full packaging inventory audit. Because Rhode Island's law covers all materials, start with a comprehensive list of every food-contact packaging type your business uses, including plastic, foam, foil, and fiber products.
2. Request compliance documentation from all suppliers. Contact each packaging supplier and request a Certificate of Compliance or equivalent documentation confirming no intentionally added PFAS. This applies to plastic and foam suppliers as much as to fiber suppliers.
3. Request TOF test data where available. For fiber-based packaging, total organic fluorine test results provide objective verification. For plastic and foam, ask suppliers what testing methodology they use to confirm PFAS-free status.
4. Document your supplier review. Maintain organized records of all compliance documentation. This is your evidence of due diligence if questions arise from regulators or customers.
5. Prioritize suppliers with established PFAS-free product lines. Many packaging manufacturers now offer specifically labeled PFAS-free product lines with accompanying test documentation. Sourcing from these suppliers simplifies compliance verification.