[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4724 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4724

   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 SENATE OF THE UNITED STATES

                              June 9, 2026

 Mr. Blumenthal (for himself, Mr. Merkley, Mr. Markey, Ms. Duckworth, 
and Mr. Wyden) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 (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.
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