New Hampshire PFAS Food Packaging Law (SB 347): What Food Businesses Need to Know

New Hampshire's PFAS Food Packaging Law: Enacted and Coming in 2027

New Hampshire Governor Chris Sununu signed SB 347 into law in July 2024, making New Hampshire one of the growing number of US states to ban PFAS (per- and polyfluoroalkyl substances) in food packaging. The law takes effect on January 1, 2027, giving manufacturers, distributors, and the food businesses they serve a defined window to transition away from PFAS-treated packaging.

This is not a proposed bill or pending legislation — SB 347 is enacted law. The January 2027 effective date means businesses have time to prepare, but the compliance deadline is fixed. Companies that begin evaluating their packaging supply chains now will be better positioned than those that wait until the final months before enforcement begins.

This guide covers the specifics of New Hampshire's law, who it affects, the penalty structure, and what steps food businesses and packaging suppliers should take to prepare. For a broader overview of PFAS regulations across all US states, see our complete guide to PFAS food packaging bans.

Regulation Details

What Packaging Is Covered

New Hampshire's SB 347 applies to all food packaging — not just plant fiber-based materials. This broad scope means that any packaging designed for direct food contact falls under the law if it contains intentionally added PFAS, regardless of the material it is made from.

Covered packaging types include:

• Molded fiber plates, bowls, and clamshell containers
• Paper bags, wraps, liners, and sleeves
• Pizza boxes and food trays
• Plastic takeout containers and deli containers
• Foam cups and containers
• Microwave popcorn bags and other heat-sealed food packaging
• Paper and plastic cups used for food and beverages
• Any other packaging or serviceware in direct contact with food

The all-food-packaging scope puts New Hampshire in line with the approach taken by states like Connecticut, Oregon, and Minnesota, which have moved beyond the narrower plant fiber-only bans enacted by earlier adopters like New York and California. For food businesses, this means you cannot assume any food-contact packaging is exempt based on material type alone.

The "Intentionally Added" Standard

SB 347 prohibits PFAS that has been intentionally added during the manufacturing process. Unlike California's AB 1200, which sets a specific numeric threshold of 100 parts per million (ppm) total organic fluorine, New Hampshire does not define a numeric limit. The standard is whether PFAS was deliberately introduced into the packaging material at any concentration.

In practical terms, this means:

• No safe harbor threshold. There is no ppm level below which PFAS in packaging is automatically considered compliant. If PFAS was intentionally added, the packaging violates the law regardless of the concentration.
• Trace contamination is exempt. PFAS that is present as a result of environmental contamination, recycled content, or manufacturing cross-contamination — and was not deliberately added — does not trigger a violation. This exemption recognizes that background PFAS contamination is widespread and that some level of incidental presence is unavoidable.
• Documentation matters. Because the line between "intentionally added" and "trace contamination" can be subject to interpretation, manufacturers and distributors should maintain detailed records of their manufacturing processes and raw material sourcing. Testing results showing low levels of total organic fluorine, combined with documentation that no PFAS was deliberately used, provide the strongest evidence of compliance.

Penalties

Violations of New Hampshire's SB 347 carry civil penalties of up to $10,000 per violation. Each instance of selling or distributing food packaging containing intentionally added PFAS in New Hampshire can constitute a separate violation, meaning cumulative exposure for high-volume manufacturers and distributors can be substantial.

The following table compares New Hampshire's penalty structure with several other states that have enacted PFAS food packaging restrictions:

New Hampshire's $10,000 per-violation civil penalty is consistent with the penalty caps in Connecticut and Minnesota. It exceeds California's and Oregon's $5,000 per-violation limits, and falls below New York's escalating structure ($10,000 first / $25,000 subsequent). Unlike Connecticut, New Hampshire does not impose criminal penalties for PFAS food packaging violations.

Who Is Liable

SB 347 places liability on manufacturers and distributors of food packaging that contains intentionally added PFAS. These are the businesses that produce packaging materials and sell or distribute them into the New Hampshire market.

The manufacturer-and-distributor liability model is consistent with the approach taken by most other states, including New York, California, and Connecticut. Food businesses purchasing packaging for their own use do not bear direct legal risk under SB 347, but verifying supplier compliance protects against operational disruptions and reputational risk.

Timeline: What to Do Now vs. Closer to 2027

The gap between enactment (July 2024) and enforcement (January 2027) is deliberate. The legislature intended to give the supply chain time to adjust. Here is how to use that time effectively:

Now Through Mid-2026

• Audit your current packaging inventory. Identify every food-contact packaging item you purchase and note the supplier, product name, and material type for each.
• Contact your suppliers. Ask whether their products contain intentionally added PFAS. Request written confirmation or Certificates of Analysis (COAs) showing PFAS-free status.
• Identify alternatives. If any current packaging contains PFAS, begin evaluating PFAS-free alternatives. Our supplier directory lists verified PFAS-free packaging vendors. Switching suppliers takes time — especially for custom or branded packaging — so starting early avoids last-minute scrambles.
• Review multi-state exposure. If you operate in multiple states, some of your packaging may already need to be PFAS-free under laws that are already in effect (Connecticut, Oregon, Minnesota, and others). Aligning your entire operation with the strictest applicable standard now may be more efficient than managing state-by-state compliance.

Late 2026 to January 2027

• Finalize supplier transitions. Ensure all food-contact packaging entering the New Hampshire market is PFAS-free before the January 1, 2027 deadline.
• Collect updated compliance documentation. Obtain current COAs, supplier declarations, or Certificates of Compliance dated within the most recent testing cycle. Documentation should specifically reference New Hampshire SB 347 or confirm the absence of intentionally added PFAS.
• Train staff. Ensure procurement and operations teams understand the new requirement and know not to accept shipments of non-compliant packaging after the effective date.

Steps to Compliance

The following steps summarize the actions food businesses and packaging suppliers should take to prepare for New Hampshire's SB 347:

1. Inventory all food-contact packaging. Because SB 347 covers all food packaging materials, assess every item that comes into direct contact with food — paper, fiber, plastic, foam, and any other material.
2. Request Certificates of Analysis from each supplier. Ask suppliers for current COAs or Certificates of Compliance confirming that their products do not contain intentionally added PFAS. Retain these documents on file.
3. Replace non-compliant packaging before January 2027. Do not wait until the last moment. Supply chain transitions can take months, particularly for custom or specialty packaging. Begin sourcing PFAS-free alternatives as soon as non-compliant products are identified.
4. Document everything. Maintain organized records of supplier communications, test results, COAs, and corrective actions. Thorough documentation of good-faith compliance efforts is your best defense in the event of an enforcement inquiry.
5. Identify backup suppliers. Having pre-vetted alternative suppliers reduces your vulnerability to supply chain disruptions. Our supplier directory can help identify packaging suppliers with verified PFAS compliance.
6. Monitor regulatory developments. New Hampshire's PFAS regulatory landscape may continue to evolve as implementation approaches. Watch for guidance documents, rulemaking, or amendments from the New Hampshire Department of Environmental Services.