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HR 9231

No Toxic Chemicals in Food Packaging Act of 2026

119th Congress Introduced by Nanette Barragán and 10 co-sponsors

The bill would deem a list of common chemicals unsafe for food contact use and require safer alternatives, with protections for vulnerable groups and state flexibility.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9231

Overview

  • Bill: HR 9231, 119th Congress, 2nd Session
  • Title: No Toxic Chemicals in Food Packaging Act of 2026
  • Purpose: Amend the Federal Food, Drug, and Cosmetic Act (FD&C Act) to deem certain substances unsafe for use as food contact substances (FCS) and strengthen protection against toxic chemicals in food packaging.
  • Introduced: June 9, 2026
  • Primary sponsors: Representatives Schakowsky, Lauro, Jackson (IL), Norton, Barragán, Pingree, Watson Coleman, DINGELL, Lynch, García (IL) with multiple co-sponsors

What the bill would change (Key provisions)

  • Section 409(l) added: Substances deemed unsafe for use as food contact substances

    • Establishes a list of substances presumed unsafe as FCS, including:
    • Ortho-phthalates
    • PFAS (per- and polyfluoroalkyl substances)
    • Bisphenol A, B, S, F, AF (and related compounds)
    • Acrolein
    • Acrylamide
    • BHA (tert-Butyl-4-hydroxyanisole)
    • Chlorinated paraffins
    • 1,4-dioxane
    • Asbestos
    • Benzene
    • Chloroform
    • Methylene chloride
    • Ethylene oxide
    • Formaldehyde
    • Styrene polymers
    • Implication: These substances would be deemed unsafe for use in food contact materials under the statute, enforcing precautionary restrictions or prohibitions unless addressed by regulatory processes.

  • Section 409(l)(2) – Alternatives consideration

    • When evaluating safety of an alternative substance proposed to replace a listed unsafe FCS, the Secretary must consider potential adverse effects on vulnerable populations in addition to existing criteria.
    • This broadens the safety assessment framework to focus on susceptible groups.

  • Section 409(l)(3) – Definitions

    • Clarifies terms:
    • Ortho-phthalates: non-polymeric esters of ortho-phthalic acid
    • PFAS: substances with at least one fully fluorinated methyl or methylene carbon atom
    • Vulnerable population: groups potentially at greater risk or disproportionate exposure, including infants, children, pregnant women, elderly, people with medical conditions, workers, residents in highly exposed communities, and other groups identified by the Secretary

  • Section 409(m) – Reservation of state and local authority

    • States and political subdivisions retain authority to enact or enforce stricter laws concerning food additives (including FCS) beyond federal rules.
    • Explicitly preserves state measures prohibiting certain substances or regulating production, distribution, sale, or use of foods with additives regulated under the section.
    • Defines food additive to include substances that are food contact substances.

  • Section 409(l) – Delayed applicability

    • The new unsafe-substance deeming authority would take effect two years after enactment.

Who/what is affected

  • Food contact substances (FCS) and packaging materials regulated under the FD&C Act
  • Substances listed in the safety deeming provision (the enumerated chemicals and chemical classes)
  • Federal regulatory processes overseen by the U.S. FDA (Secretary)
  • Potentially affected industries: packaging, plastics, food processing, chemical manufacturers, and importers
  • States and local jurisdictions: retain authority to enact and enforce stricter measures beyond federal rules

Timelines and procedural aspects

  • Effective date for the new deeming authority: two years after enactment
  • Immediate effect upon enactment: not applicable until the two-year delay lapses
  • Regulatory pathway: would involve FDA evaluation of safety of listed substances and consideration of alternatives for replacements, with emphasis on vulnerable populations

Potential impact (high-level)

  • Strengthens consumer protection by preemptively deeming a broad set of hazardous substances unsafe for food contact use
  • Encourages safer alternatives and heightened scrutiny of chemicals in packaging
  • May lead to phased reductions or bans on the listed substances in food packaging within federal standards after the two-year delay
  • Supports state-level action to impose stricter controls beyond federal requirements
  • Places explicit emphasis on vulnerable populations in safety determinations for substitutes

Note: This summary reflects the bill text as introduced and does not account for subsequent amendments or passage.

Compiled from official sources — confirm details with the bill’s official record.

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