CT HB 6368 (Public Act 23-135, 2023)
Connecticut stands out among US states for the severity of its PFAS food packaging penalties. Public Act 23-135 (HB 6368), effective January 1, 2024, bans intentionally added PFAS in all food packaging — not just plant fiber-based materials. More critically, Connecticut is one of the only states that imposes both civil and criminal penalties for violations. Civil penalties reach $10,000 per violation, while criminal penalties can reach $50,000, making Connecticut the highest-risk state for non-compliance in terms of potential legal consequences.
The all-materials scope is significant for food businesses. Unlike states that only cover plant fiber packaging, Connecticut's ban applies to plastic containers, foam packaging, wax-coated paper, and any other material used in food-contact packaging. Restaurants, food trucks, caterers, and packaged food brands operating in Connecticut must verify that every single food-contact package they use is free of intentionally added PFAS, regardless of the base material.
The criminal penalty provision fundamentally changes the risk calculus for businesses. While most states treat PFAS packaging violations as civil regulatory matters, Connecticut's criminal penalties mean that willful or knowing violations could result in prosecution. This makes it especially important for Connecticut food businesses to document their compliance efforts and maintain clear records showing they took reasonable steps to ensure their packaging is PFAS-free.
CT HB 6368 (Public Act 23-135, 2023)
All food packaging
Prohibits the sale or distribution of ANY food packaging containing intentionally added PFAS. Covers all materials, not just plant-fiber.
Civil: up to $10,000 per violation
Criminal: up to $50,000
Civil penalties up to $10,000 per violation. Criminal penalties up to $50,000. One of the strictest penalty structures in the US.
Exemptions
Connecticut'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.
Audit All Food Packaging Materials
Connecticut covers all food packaging, not just plant fiber. Review every item: plastic containers, foam, wax-coated paper, film wraps, and fiber-based products. All must be free of intentionally added PFAS.
Understand the Criminal Penalty Risk
With criminal penalties up to $50,000 in addition to civil penalties, document every compliance step thoroughly. If you discover non-compliant packaging, remove it immediately and keep records of your remediation.
Require Written Supplier Certifications
Obtain compliance certifications from every packaging supplier referencing CT Public Act 23-135. Written documentation is your primary defense against both civil and criminal enforcement actions.
Establish an Internal Compliance Review
Given the criminal penalty exposure, consider implementing a quarterly packaging review process. Verify new supplier products before purchasing and re-confirm existing suppliers annually.
Use our free compliance checker to verify your food packaging meets Connecticut's PFAS regulations.
Run Free Compliance CheckLegal Disclaimer
This page provides general information about Connecticut'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.