HouseH.R. 9231119th Congress
No Toxic Chemicals in Food Packaging Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9231 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9231
To amend the Federal Food, Drug, and Cosmetic Act to deem certain
substances to be unsafe for use as food contact substances, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2026
Ms. Schakowsky (for herself, Ms. DeLauro, Mr. Jackson of Illinois, Ms.
Norton, Ms. Barragan, Ms. Pingree, Mrs. Watson Coleman, Mrs. Dingell,
Mr. Lynch, and Mr. Garcia of Illinois) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to deem certain
substances to be unsafe for use as food contact substances, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Toxic Chemicals in Food Packaging
Act of 2026''.
SEC. 2. SUBSTANCES DEEMED UNSAFE FOR USE AS FOOD CONTACT SUBSTANCES.
(a) In General.--Section 409 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348) is amended by adding at the end the
following:
``(l) Substances Deemed Unsafe for Use as Food Contact
Substances.--
``(1) In general.--For purposes of this section and section
402(a)(2)(C), the following are deemed to be unsafe for use as
food contact substances:
``(A) Any chemical belonging to the class of ortho-
phthalates.
``(B) Any chemical belonging to the class of PFAS.
``(C) Bisphenol A, B, S, F, or AF or related
compounds.
``(D) Acrolein.
``(E) Acrylamide.
``(F) BHA (tert-Butyl-4-hydroxyanisole).
``(G) Chlorinated paraffins.
``(H) 1,4-Dioxane.
``(I) Asbestos.
``(J) Benzene.
``(K) Chloroform.
``(L) Methylene chloride.
``(M) Ethylene oxide.
``(N) Formaldehyde.
``(O) Styrene polymers.
``(2) Alternative substances.--In acting in response to any
petition under this section to establish safety with respect to
a food contact substance that the Secretary determines to be an
alternative to a substance listed in paragraph (1), in addition
to the criteria under subsection (c), the Secretary shall
consider potential adverse effects of exposure to the substance
on vulnerable populations.
``(3) Definitions.--In this subsection:
``(A) The term `ortho-phthalates' means a class of
chemicals that are non-polymeric esters of ortho-
phthalic acid.
``(B) The term `PFAS' means a perfluoroalkyl
substance or a polyfluoroalkyl substance that contains
at least 1 fully fluorinated methyl or methylene carbon
atom.
``(C) The term `vulnerable population' means a
human population that is subject to the potential for
disproportionate exposure to, or the potential for
disproportionate adverse effect from exposure to, a
chemical substance or mixture, including--
``(i) infants, children, and adolescents;
``(ii) pregnant women;
``(iii) the elderly;
``(iv) individuals with preexisting medical
conditions;
``(v) workers who may be exposed to
chemical substances and mixtures;
``(vi) residents in communities subject to
disproportionate exposures; and
``(vii) members of any other appropriate
population identified by the Secretary.''.
(b) Preservation of State and Local Authority.--Section 409 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) is amended further
by adding at the end the following:
``(m) Preservation of State and Local Authority.--
``(1) In general.--Nothing in this section, or any rule
promulgated under this section, shall be construed to limit the
authority of a State or political subdivision of a State to
enact, adopt, promulgate, and enforce any law, rule,
regulation, ordinance, or other measure with respect to any
food additive that is in addition to, or more stringent than,
requirements established under this section, including a law,
rule, regulation, ordinance, or other measure relating to--
``(A) the prohibition of the use of any substance
as a food additive; and
``(B) the manufacture, distribution, sale, or use
of any food containing a food additive regulated under
this section.
``(2) Rule of construction regarding state and local law.--
No provision of this section relating to food additives shall
be construed to modify or otherwise affect any action or the
liability of any person under the law of any State or political
subdivision of a State.
``(3) Food additive defined.--In this subsection, the term
`food additive' includes a food additive that is a food contact
substance.''.
(c) Delayed Applicability.--Section 409(l) of the Federal Food,
Drug, and Cosmetic Act, as added by subsections (a), applies beginning
on the date that is 2 years after the date of enactment of this Act.
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