Requirements by product
| Product | Requirement | Effective | Status | Source |
|---|---|---|---|---|
| Food packagingBan | It is unlawful to manufacture, sell, offer for sale, distribute for sale or distribute for use food packaging with intentionally introduced PFAS in any amount, for wraps and liners, plates, food boats and pizza boxes.Food packaging means a package or component applied to or in direct contact with food or beverage and made in substantial part of paper, paperboard or other plant-fiber material. Other packaging types are not covered. | December 31, 2024 | In force | HRS 321-602 |
| Firefighting foamBan | It is unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for training or testing purposes class B foam with intentionally introduced PFAS. No person or state or county agency may discharge or use such foam for training or testing.The use ban excepts use necessary for effective suppression of a petroleum fire. The sales ban does not apply where federal law or regulation requires PFAS; if federal rules change to allow alternatives, DOH may adopt restricting rules. Manufacturers had to notify sellers by Jan. 1, 2023 and must recall prohibited foam and reimburse purchasers. | July 1, 2024 | In force | HRS 321-603(a), (b), (c); HRS 321-604 |
The laws
PFAS prohibited: food packaging and class B firefighting foam (Act 152)
- Citation
- HRS 321-601 to 321-605 (chapter 321, Part XLVII)
- Enacted by
- HB 1644 (2022), Act 152, Session Laws of Hawaii 2022
- Enacted or adopted
- June 27, 2022
- Status
- In force
- Source
- https://data.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0321/HRS_0321-0602.htm
How it defines PFAS
all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom" (HRS 321-601)
Intentionally added
Intentionally introduced" means "deliberately utilized PFAS in the formulation of a package or packaging component where the continued presence of the PFAS is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality" (HRS 321-601)
Exemptions
- Foam where PFAS are required by federal law or regulations (HRS 321-603(c)).
- Training or testing use necessary for effective suppression of a petroleum fire (HRS 321-603(a)).
Penalties. Class B foam manufacturers: administrative fine up to $5,000 for a first violation and $10,000 for later violations (HRS 321-604(d)). Part XLVII sets no penalty specific to food packaging.
Bills and pending action
- HB 644 (2025-2026): Relating to single-use plastics
Passed House (HD2); referred to Senate CPN/AEN and JDC; no further action recorded; not enacted (March 18, 2026)
Would prohibit businesses from distributing, selling or using single-use plastic food ware containing plastic with regulated PFAS beginning Jan. 1, 2028. Passed House third reading March 5, 2026. Source
Timeline
- January 1, 2023 Update
Deadline for class B foam manufacturers to notify sellers in Hawaii of Act 152. Source - April 11, 2024 Update
House disagreed with Senate amendments to HB 1896 (PFAS in food packaging, food service ware, cosmetics and personal care products); the bill was not enacted. Source - July 1, 2024 Took effect
Ban on sale and training or testing use of class B foam with intentionally introduced PFAS took effect. Source - December 31, 2024 Took effect
Ban on PFAS in wraps and liners, plates, food boats and pizza boxes took effect. Source - February 13, 2025 Update
SB 683 (PFAS ban for food packaging, food service ware, cosmetics and personal care products from 2028) passed Senate second reading and stalled in committee. Source - March 5, 2026 Update
House passed HB 644 (PFAS in single-use plastic food ware from 2028); it did not advance in the Senate. Source