No Toxic Chemicals in Food Packaging Act of 2026

[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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