NY S.8817 (2022)
New York became one of the earliest states to restrict PFAS in food packaging when Governor Hochul signed S.8817 into law, effective December 31, 2022. The law targets plant fiber-based food packaging specifically — molded fiber plates, bowls, clamshells, and pizza boxes — prohibiting any intentionally added PFAS. For restaurants, food trucks, and packaged food brands operating in New York, this means that common compostable takeout containers may no longer contain the grease-resistant PFAS coatings that were once industry standard.
Enforcement falls to the New York Department of Environmental Conservation (NY DEC) under ECL §37-0211. Penalties start at $10,000 per violation for first offenses and escalate to $25,000 per violation for subsequent offenses, making repeat non-compliance especially costly. However, the law provides an important good faith defense: if a business reasonably relied on a supplier's written certification that packaging was PFAS-free, that reliance can serve as a defense against liability.
Because New York's ban covers only plant fiber-based packaging, businesses using plastic or foil containers are not affected by this specific law. However, the trend in New York is toward broader chemical restrictions, and food businesses should proactively assess their entire packaging supply chain. With New York City alone home to over 27,000 restaurants, the economic impact of this regulation is substantial across the food service industry.
NY S.8817 (2022)
Plant-fiber based packaging only
Prohibits PFAS in food packaging made from plant fibers, including molded fiber plates, bowls, clamshells, and pizza boxes.
Civil: up to $10,000 per violation
Up to $10,000 per violation (first offense), $25,000 per violation (subsequent offenses) under ECL §37-0211. Good faith defense available for reliance on supplier compliance certificates. Enforced by NY DEC.
Exemptions
New York'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 Your Plant Fiber Packaging
Inventory every molded fiber plate, bowl, clamshell, cup, and pizza box you purchase. Plastic and foil containers are exempt, but any plant fiber-based item needs verification.
Request PFAS-Free Supplier Certificates
Obtain written compliance certificates from each packaging supplier stating their products are free of intentionally added PFAS. These certificates activate the good faith defense under ECL §37-0211.
Maintain Documentation for NY DEC
Keep supplier certificates and purchase records organized and readily accessible. If NY DEC investigates, demonstrating good faith reliance on supplier documentation is your primary defense.
Monitor for Scope Expansions
New York legislators have introduced additional PFAS-related bills. Stay current on potential expansions that could cover non-plant-fiber packaging or set specific concentration thresholds.
Use our free compliance checker to verify your food packaging meets New York's PFAS regulations.
Run Free Compliance CheckLegal Disclaimer
This page provides general information about New York'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.