CA AB 1200 (2021)
California's AB 1200, effective January 1, 2023, prohibits PFAS in plant fiber-based food packaging where total organic fluorine (TOF) exceeds 100 parts per million. This threshold-based approach distinguishes California from most other states that use an "intentionally added" standard. For food businesses operating in California, this means packaging must not only be PFAS-free by design but must also test below 100 ppm TOF — a standard that can catch trace contamination from manufacturing processes.
What makes California uniquely challenging is Proposition 65. PFOA and PFOS are listed under Prop 65, which means food packaging containing these specific PFAS compounds may trigger additional warning requirements entirely separate from AB 1200. A business could comply with the packaging ban yet still face Prop 65 exposure lawsuits if detectable levels of listed PFAS chemicals are present. Penalties under AB 1200 reach $5,000 per day per violation, enforced by the Department of Toxic Substances Control (DTSC), while Prop 65 carries its own separate penalty structure.
California's massive market — home to over 76,000 restaurants and the fifth-largest economy in the world — means that compliance here often sets the de facto standard for national suppliers. Manufacturers who want to sell into California frequently reformulate their packaging lines entirely rather than maintain separate PFAS-free and conventional product lines, creating a ripple effect that benefits food businesses in other states as well.
CA AB 1200 (2021)
Plant-fiber based packaging only
Prohibits PFAS in plant fiber-based food packaging where total organic fluorine (TOF) exceeds 100 ppm.
Civil: up to $5,000 per violation
Civil penalties up to $5,000/day per violation. Enforced by DTSC. Private right of action under Prop 65 may also apply.
Exemptions
California's PFAS ban primarily targets manufacturer and distributor in the supply chain. While food service operators are not directly liable, you should request PFAS-free documentation from your packaging suppliers to avoid supply chain disruptions.
Verify TOF Testing Below 100 ppm
Request total organic fluorine (TOF) test results from your packaging suppliers. Unlike states that ban "intentionally added" PFAS, California's 100 ppm threshold requires actual laboratory testing to confirm compliance.
Address Proposition 65 Exposure Separately
Even if packaging passes the AB 1200 threshold, confirm with suppliers that PFOA and PFOS levels are below Prop 65 safe harbor thresholds. Consider obtaining Prop 65-specific testing or compliance letters.
Source DTSC-Compliant Packaging Suppliers
Work with suppliers who can provide both TOF lab reports and Certificates of Compliance specifically referencing AB 1200. The California market demands documentation that meets DTSC enforcement standards.
Keep Lab Reports on File
Retain TOF test reports and supplier compliance documentation for at least three years. California's enforcement actions and Prop 65 private lawsuits can look back at historical packaging purchases.
Use our free compliance checker to verify your food packaging meets California's PFAS regulations.
Run Free Compliance CheckLegal Disclaimer
This page provides general information about California'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.