OR SB 543 (2023)
Oregon's SB 543, effective January 1, 2025, bans PFAS in all "foodware containers" — defined as any package or container designed for direct food contact and used for serving or takeout. This definition is broader than plant fiber-only bans but narrower than some all-packaging laws, focusing specifically on containers that directly touch food during serving and takeout. The Oregon Department of Environmental Quality (DEQ) is the enforcement authority, with penalties up to $5,000 per violation.
The "direct food contact" standard in Oregon's law creates a practical distinction. Outer packaging that does not directly contact food, such as a paper bag holding a wrapped sandwich, may not be covered. But the clamshell, wrap, bowl, or cup that actually holds the food is squarely within scope. For Portland's vibrant food cart scene, Eugene's farm-to-table restaurants, and food service operations statewide, this means all direct-contact serving and takeout containers must be verified as PFAS-free.
Oregon has been at the forefront of environmental regulation in the Pacific Northwest, and DEQ has a track record of active enforcement in chemical and waste management. Food businesses should expect that DEQ will conduct market surveillance and respond to consumer complaints about non-compliant packaging. The state's strong environmental advocacy community also means that public attention on PFAS issues is high, adding reputational risk to the legal and financial penalties.
OR SB 543 (2023)
All food packaging
Prohibits PFAS in all foodware containers — defined as any package or container that is designed for direct food contact and used for serving or takeout.
Civil: up to $5,000 per violation
Up to $5,000 per violation. Enforced by Oregon DEQ.
Exemptions
Oregon'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.
Identify All Direct Food-Contact Containers
Oregon's definition of "foodware containers" focuses on direct food contact. Catalog every container, cup, bowl, plate, clamshell, and wrap that directly touches food during serving or takeout.
Distinguish Direct vs. Indirect Packaging
Outer packaging that does not directly contact food may not be covered under SB 543. Review your packaging layers and focus compliance efforts on the items that actually hold or wrap food.
Get DEQ-Compliant Supplier Documentation
Oregon DEQ is an active enforcement agency. Obtain supplier certifications specifically confirming PFAS-free status for foodware containers, and keep documentation accessible for potential DEQ inspections.
Replace Non-Compliant Items Before Inspections
At $5,000 per violation, identified non-compliant packaging should be replaced immediately. Document the date you discovered the issue and when you completed the transition to demonstrate good faith.
Use our free compliance checker to verify your food packaging meets Oregon's PFAS regulations.
Run Free Compliance CheckLegal Disclaimer
This page provides general information about Oregon'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.