Food and Food Products - As introduced, prohibits the sale, delivery for sale, holding for sale, or offering for sale of food that contains forever chemicals, unless the food is labeled as containing forever chemicals and discloses the known or possible health effects of the chemical; defines forever chemicals as per- and polyfluoroalkyl substances (PFAS). - Amends TCA Title 47, Chapter 18 and Title 53.

114th Regular Session (2025-2026) Introduced by Heidi Campbell

Tennessee would ban selling PFAS-containing foods unless labeled to disclose both the presence of forever chemicals and their known or potential health effects, effective July 1, 2

Passed on Second Consideration, refer to Senate Health and Welfare Committee

#foodandfoodproducts

Purpose and intent

Establishes a prohibition on the sale, delivery for sale, holding for sale, or offering for sale of food in Tennessee that contains forever chemicals (PFAS) unless the food is labeled to disclose both the presence of forever chemicals and the known or possible health effects of the chemical.

Defines “forever chemical” as per- and polyfluoroalkyl substances (PFAS), including examples such as PFOA, PFOS, PFBS, and HFPO-DA.

Effective date: July 1, 2026.

Key provisions and changes

New statutory addition to Tennessee Code Annotated (Title 53, Chapter 1, Section 103(a)):

Subdivision (a)( ): Prohibits sale, delivery for sale, holding for sale, or offering for sale of any food that contains PFAS unless there is:
Labeling indicating that the food contains forever chemicals, and
Disclosure of known or possible health effects of the chemical.

The bill codifies PFAS as “forever chemicals” for the purposes of the prohibition.

Scope: Applies to foods offered for sale to the public (not limited to a specific subset of foods or retailers within the state).

Affected parties and implications

Food manufacturers, processors, distributors, retailers, and food service operations in Tennessee:

Must ensure labeling and disclosures are present on any food containing PFAS.
May face prohibition on sale of foods containing PFAS unless compliant with labeling/disclosure requirements.

State regulatory and enforcement agencies (notably the Department of Agriculture and related inspection authorities):

Retains existing authority under Tenn. Code Ann. § 53-1-203 to access facilities for inspection and to obtain samples; no new expansive enforcement powers beyond those already provided are specified.

The fiscal note indicates the impact is “not significant,” with anticipated costs primarily borne by private entities for labeling, disclosure, or potential sales restrictions.

Procedural and timeline aspects

Legislative status:

Introduced in 2026; SB 1818 companion HB 1746.
Passed on first consideration (1/21/2026) and second consideration (1/22/2026) in the Senate flow, with committee referral to the Senate Health and Welfare Committee.

Effective date tied to the act’s implementation: July 1, 2026.

Fiscal and regulatory notes

Fiscal impact: Not significant.

Assumptions include:

FDA has ongoing PFAS testing in foods (Total Diet Study Program) through 2026.
DOA has broad access for inspections and sampling under existing law.
Private sector costs for labeling/disclosure and any potential loss of sales for PFAS-containing foods are borne by those entities.
Historical misdemeanor prosecutions under related food acts have been rare, suggesting minimal anticipated changes in local government revenue or expenditures.

Summary in plain terms

SB 1818 / HB 1746 would ban selling foods in Tennessee that contain PFAS unless the product is clearly labeled to say it contains forever chemicals and provides information on known or potential health effects. The measure defines PFAS broadly and specifies an effective date of July 1, 2026. Enforcement would rely on existing inspection authorities, with the expectation that private businesses absorb labeling and disclosure costs. The fiscal impact on state agencies is expected to be minimal.

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