Vermont PFAS Food Packaging Ban (Act 36): One of the Broadest in the US

Vermont Act 36: An Overview

Vermont was one of the first states in the nation to enact a broad PFAS ban covering all food packaging — not just plant-fiber or molded-fiber materials. Signed into law on June 8, 2021 as Act 36 (Senate Bill S.20), Vermont's law took effect on July 1, 2023, making it one of the earliest enforceable comprehensive PFAS food packaging bans in the US.

Unlike California's AB 1200 — which applies only to plant fiber-based containers — Vermont's law covers every material: plastic, paper, foil, fiber, foam, and more. It also explicitly includes food service gloves, a product category that most other state laws leave untouched. For businesses operating in Vermont, this means a much wider inventory review is required.

A January 2026 expansion under Act 36 extends Vermont's PFAS restrictions beyond food packaging to all products with intentionally added PFAS sold in the state, cementing Vermont's position as one of the most aggressive states on PFAS regulation.

For a broader look at PFAS regulations across all states, see our complete guide to PFAS bans in 2026.

Regulation Details

What Packaging Is Covered

Vermont's Act 36 is notable precisely because it does not limit coverage to plant-fiber packaging. The law applies to all food packaging with intentionally added PFAS, including:

• Molded fiber plates, bowls, and clamshells
• Paper bags, wraps, and cups
• Plastic containers and lids
• Polystyrene and foam containers
• Aluminum foil and foil-lined packaging
• Multi-layer laminated pouches
• Pizza boxes (fiber and non-fiber)
• Food service gloves (explicitly included)

Understanding “Intentionally Added” PFAS

Vermont's law, like most US state PFAS bans, targets intentionally added PFAS — meaning PFAS that a manufacturer has deliberately incorporated into the packaging for a functional purpose (such as grease resistance, water repellency, or non-stick properties). The law does not require zero PFAS; it requires that PFAS not be intentionally added.

This distinction matters for businesses reviewing their supply chains. Packaging manufactured from raw materials that happen to contain trace PFAS contamination from environmental sources may still comply, as long as PFAS was not intentionally added as part of the manufacturing process. However, businesses should seek written assurances from suppliers documenting that no PFAS was intentionally incorporated.

January 2026 Expansion

Vermont's Act 36 includes a second phase that took effect on January 1, 2026: a ban on intentionally added PFAS in all products sold in Vermont — not just food packaging. This makes Vermont one of only a small number of jurisdictions globally to pursue a product-wide PFAS restriction.

For food businesses, the 2026 expansion may affect cookware, kitchen equipment with PFAS-based coatings, cleaning products, and other items used in food service operations. Businesses operating in Vermont should consider a full operational audit, not limited to food-contact packaging alone.

Penalties for Non-Compliance

Violations of Vermont's PFAS packaging ban carry civil penalties of up to $10,000 per violation. Enforcement is handled by the Vermont Attorney General under the Consumer Protection Act. Because Vermont places liability on manufacturers and distributors (not restaurants or end users directly), the primary enforcement risk is on the supply chain side of the business.

That said, a food business that knowingly sources non-compliant packaging after a supplier violation has been made public faces both reputational and potential indirect legal risk. Vermont's consumer protection framework gives the AG broad authority to pursue unfair or deceptive trade practices.

Common Steps Businesses Take

1. Audit all food-contact packaging — not just fiber. Because Vermont's ban covers all materials, start with a complete inventory of every packaging type used in your operation, including plastic, foam, foil, and multi-layer materials.
2. Audit food service gloves. Request compliance documentation from your glove supplier confirming no intentionally added PFAS in the manufacturing process.
3. Request Certificates of Compliance from suppliers. For each product, ask suppliers for written documentation stating that no PFAS was intentionally added. Reputable suppliers should be able to provide this for products sold in Vermont.
4. Verify with test data where available. For fiber-based packaging, independent total organic fluorine (TOF) test results provide objective evidence of compliance. While Vermont does not mandate a specific ppm threshold, low TOF test results provide strong evidence that PFAS was not intentionally added.
5. Document everything. Maintain organized records of supplier correspondence, compliance certificates, and test data. This documentation is your primary defense if regulators or customers question your sourcing.
6. Review non-packaging items for the 2026 expansion. Cookware, utensils, equipment coatings, and other operational items may now fall under Vermont's expanded PFAS restrictions.