MN HF 2310 (2023 Omnibus Environment Bill)
Minnesota's PFAS food packaging ban, enacted through the 2023 Omnibus Environment Bill (HF 2310) and effective January 1, 2024, is unique in the United States for one critical reason: it is the only state where restaurants and food service operators are directly liable for using non-compliant packaging. In every other US state with a PFAS packaging ban, liability falls on manufacturers and distributors in the supply chain. Minnesota's law explicitly covers end users, meaning that a restaurant owner who serves food in PFAS-containing packaging can be held directly responsible.
The direct liability provision makes Minnesota the highest-risk state for food service operators. Penalties reach $10,000 per violation, and the law covers all food packaging materials, not just plant fiber-based products. The statute does include a "knowingly" qualifier — operators must "knowingly sell, offer for sale, or distribute" PFAS-containing packaging to be in violation. This means that a business acting in good faith based on supplier representations has a potential defense. However, "knowingly" is a lower bar than many businesses assume, and regulators may argue that widely publicized PFAS concerns create constructive knowledge.
For Minnesota's food service businesses — from Minneapolis and St. Paul restaurants to food trucks at state fairs and catering companies across the state — the practical takeaway is clear: you cannot rely solely on your suppliers to ensure compliance. You need independent verification, written documentation, and a clear record of your compliance efforts. The good faith defense is only as strong as the documentation behind it.
MN HF 2310 (2023 Omnibus Environment Bill)
All food packaging
Prohibits PFAS in ALL food packaging. Uniquely among US states, Minnesota explicitly covers end USERS of packaging (restaurants, food trucks, caterers) — not just manufacturers and distributors. The statute uses 'knowingly' language — operators must 'knowingly sell, offer for sale, or distribute' PFAS-containing packaging.
Civil: up to $10,000 per violation
Civil penalties up to $10,000 per violation. CRITICAL: Restaurants and food service operators are directly liable, not just supply chain.
Minnesota holds food service operators (restaurants, food trucks, caterers) directly liable for using packaging that contains PFAS. You cannot rely solely on your supplier's representations — you must independently verify compliance.
Exemptions
As a food service operator in Minnesota, you are directly liable for using non-compliant packaging. You must independently verify that every food-contact package you purchase is PFAS-free — relying on supplier claims alone is not sufficient under this law.
Understand Your Direct Liability Exposure
Minnesota is the only US state where food service operators are directly liable. Unlike other states where suppliers bear the compliance burden, you as a restaurant or food truck operator can be penalized directly for using PFAS-containing packaging.
Build a Good Faith Defense File
The "knowingly" qualifier provides a defense, but it requires documentation. Collect written PFAS-free certifications from every packaging supplier and keep records of your compliance inquiries and due diligence efforts.
Verify All Packaging Materials Independently
Because the ban covers all food packaging (not just plant fiber), verify every item: plastic takeout containers, foam products, paper wraps, bags, and any other food-contact packaging. Do not assume any material is automatically safe.
Consider Third-Party Testing for High-Risk Items
For packaging where supplier documentation is unclear or unavailable, consider commissioning third-party TOF (total organic fluorine) testing. The cost of a lab test is far less than the $10,000 per violation penalty.
Use our free compliance checker to verify your food packaging meets Minnesota's PFAS regulations.
Run Free Compliance CheckLegal Disclaimer
This page provides general information about Minnesota'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.