IChEMS (Industrial Chemicals Environmental Management Standard) — View source legislation
Australia regulates PFAS in food contact materials through a multi-layered framework centered on the Industrial Chemicals Environmental Management Standard (IChEMS), which bans the import and manufacture of specific PFAS compounds: PFOS, PFOA, and PFHxS. Unlike US state laws that use broad "intentionally added" or total organic fluorine thresholds, Australia's approach targets named compounds. The practical threshold is 25 parts per billion for these specific substances. Food businesses in Australia bear direct responsibility for ensuring their food contact materials comply with safety standards.
Liability in Australia extends to food businesses themselves — not just manufacturers and distributors. State and territory food authorities (such as the NSW Food Authority and DHHS Victoria) handle enforcement, and the penalties are among the most severe of any jurisdiction covered here. Corporate civil penalties can reach approximately AUD 1.11 million, while criminal penalties can reach AUD 5.55 million under state food safety legislation. These figures vary by state and territory, but the magnitude reflects Australia's serious approach to food contact material safety.
Australia's compound-specific approach means that PFAS chemicals other than PFOS, PFOA, and PFHxS are not currently banned unless they fall under the general safety obligation in FSANZ Standard 1.4.3. However, FSANZ is actively reviewing food contact material limits and may set additional PFAS-specific thresholds in the future. For food businesses importing packaging from overseas — particularly from Asian manufacturers where PFAS use in packaging remains common — independent testing for the three named compounds is strongly recommended.
IChEMS (Industrial Chemicals Environmental Management Standard)
All food packaging
Australia regulates PFAS in food contact materials through the Industrial Chemicals Environmental Management Standard (IChEMS), which bans the import and manufacture of PFOS, PFOA, and PFHxS. FSANZ Standard 1.4.3 provides a general safety obligation for food contact materials but does not set PFAS-specific thresholds. Enforcement is carried out by state/territory food authorities (e.g., NSW Food Authority, DHHS Victoria). Food businesses bear responsibility for ensuring food contact materials comply with safety standards.
Penalties vary by state/territory. For example, NSW state food legislation provides corporate civil penalties up to approximately AUD 1.1M, with criminal penalties also available. Other states have different penalty structures. Enforced by state/territory food authorities, not FSANZ directly.
Australia's statute language may extend liability to food service operators (restaurants, food trucks, caterers) — not just manufacturers and distributors. Many businesses in this jurisdiction independently verify their packaging rather than relying solely on supplier representations. Consult qualified counsel for guidance on your specific obligations.
Exemptions
Under IChEMS (Industrial Chemicals Environmental Management Standard), the statute's scope in Australiamay extend to food service operators — not just manufacturers and distributors. Many businesses in this jurisdiction independently verify their packaging compliance. Consider reviewing the full statute text and consulting with qualified counsel for your specific situation.
Test for PFOS, PFOA, and PFHxS Specifically
Australia bans specific PFAS compounds, not all fluorinated chemicals. Some businesses request testing or certificates that specifically address PFOS, PFOA, and PFHxS at the 25 ppb threshold from your packaging suppliers.
Understand Potential Direct Liability as a Food Business
Under Australian state and territory food safety regulations, liability for non-compliant food contact materials may extend to food businesses, not just manufacturers. Many businesses independently verify their packaging rather than relying solely on supplier assurances. Consult qualified legal counsel for your specific obligations.
Verify Import Compliance for Overseas Packaging
If you import packaging from overseas manufacturers, ensure it meets IChEMS standards for the banned compounds. Consider requesting Certificates of Analysis from the manufacturer showing compliance with Australian thresholds.
Check State/Territory-Specific Enforcement Rules
Penalties and enforcement procedures vary across Australian states and territories. Verify the specific requirements and penalty structures for the state or territory where your business operates (NSW, Victoria, Queensland, etc.).
Use our free compliance checker to verify your food packaging meets Australia's PFAS regulations.
Run Free Regulation CheckLegal Disclaimer
This page provides general information about Australia's PFAS food packaging regulations and is not legal advice. Regulations may change; always verify current requirements with the relevant regulatory authority. PFAS Packaging Check is an information tool — consult qualified legal counsel for advice specific to your situation.