(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 (ter-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 one 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.

(4) Relationship to State and local law

This subsection shall be construed as establishing a minimum standard for the protection of public health. Nothing in this section, or in any regulation promulgated under this section, shall be construed to—

(A)

preempt, displace, supplant, prohibit, or restrict any provision of State or local law (including any statute, regulation, ordinance, or common law) relating to food additives or food contact materials that is equivalent to or more stringent than the requirements of this subsection, or to prevent the adoption or enforcement of such a law; or

(B)

affect or preempt any right of action or remedy under State or local law (including any statute, regulation, ordinance, or common law), including any tort or consumer protection law, except to the extent that such law is inconsistent with this subsection.

(b) Delayed applicability

Section 409(l) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date that is 2 years after the date of enactment of this Act.