No Toxic Chemicals in Food Packaging Act of 2026

This bill amends the Federal Food, Drug, and Cosmetic Act to deem certain chemicals unsafe for use in food packaging and other food contact substances, and preserves state and local authority to impose stricter regulations.

Sec. 2, Substances deemed unsafe for use as food contact substances: The bill adds a new subsection to the law listing specific chemicals and chemical classes that are automatically considered unsafe for use as food contact substances. These include ortho-phthalates, PFAS (perfluoroalkyl and polyfluoroalkyl substances), bisphenol A and related compounds, acrolein, acrylamide, BHA, chlorinated paraffins, 1,4-dioxane, asbestos, benzene, chloroform, methylene chloride, ethylene oxide, formaldehyde, and styrene polymers. When reviewing petitions for alternative substances to replace these, the Secretary must consider potential adverse effects on vulnerable populations, defined as groups including infants, children, pregnant women, the elderly, workers, and communities with disproportionate exposures.

Sec. 2, Preservation of state and local authority: The bill adds another subsection clarifying that nothing in the law limits states or local governments from enacting stricter measures regarding food additives, including banning substances or regulating their manufacture, distribution, sale, or use. It also states that federal provisions do not modify state or local liability laws.

Sec. 2, Delayed applicability: The new restrictions on unsafe substances take effect two years after the bill is enacted.