U.S. States Ongoingly Deal with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in Food and Drinking Water Resources

In a significant step towards protecting public health, several U.S. states have taken action to regulate Per- and Polyfluoroalkyl Substances (PFAS) in consumer products and drinking water.

California, Illinois, and New York have advanced bills (SB 682, SB 1531, and S 187 respectively) that prohibit the manufacturing, distribution, and sale of products containing PFAS, including food packaging. Meanwhile, New Mexico enacted HB 212 in April 2025, banning the sale of food packaging and other products containing PFAS starting from January 1, 2027.

The National Drinking Water Regulation (NPDWR) has established individual Maximum Contaminant Levels (MCLs) for PFOA, PFOS, PFNA, PFHxS, and GenX, as well as a Hazard Index MCL for mixtures of certain PFAS. The EPA plans to retain the current MCLs for PFOA and PFOS at four parts per trillion (ppt), but will reconsider regulations for PFHxS, PFNA, HFPO-DA (GenX), and the Hazard Index mixture of these three plus PFBS.

Maine has codified the requirements to monitor and report PFAS compounds in accordance with the EPA's final rule, and requires public notification of the type and level of PFAS in drinking water if they exceed the federal standard. At least 20 states currently have regulatory standards for at least one PFAS in drinking water.

Six states introduced legislation in the 2025 sessions to establish new or updated MCLs for PFAS. Additionally, at least 17 states have introduced legislation to prohibit the sale of food packaging containing PFAS.

The EPA established MCLs for PFAS in drinking water under the Safe Drinking Water Act in April 2024. Under the rule, public water systems must complete initial monitoring for PFAS by 2027 and continuously monitor thereafter. Beginning in 2029, any public water system that exceeds one or more of the MCLs must reduce the PFAS levels and notify the public of the violation.

Initial findings from the Total Diet Study indicate that 97% of the 810 food samples tested do not contain PFAS. However, some specific food subtypes, such as TDS seafood samples, have shown a higher prevalence of PFAS. The FDA can test foods produced in areas with known environmental contamination to evaluate potential contamination of human and animal food.

In an effort to limit PFAS in consumer products, Illinois passed House Bill 2516 in 2025, prohibiting the intentional addition of PFAS chemicals in a wide range of products, including cosmetics, dental floss, children's products, food packaging, menstrual products, and underwear. The compliance deadline is set for January 1, 2032.

Delaware's SB 72 requires the Department of Health and Social Services to create a website where residents can access information related to the level(s) of PFAS in public drinking water systems, and requires water utility companies to provide notice of excess PFAS levels to residents who receive water from that system.

PFAS, resistant chemicals developed in the 1940s, are present in a wide variety of consumer products. These chemicals do not degrade easily and can result in increasing concentrations of contamination in water and soil. Exposure to PFAS has been linked to various health impacts, leading to legislation and policies aimed at reducing their presence in consumer products and drinking water.

The FDA has been evaluating potential dietary exposure to PFAS through the Total Diet Study. As of February 2024, grease-proofing materials containing PFAS are no longer sold for food packaging in the United States. By regulating and monitoring PFAS, U.S. states are taking important steps to protect public health and the environment.

U.S. States Ongoingly Deal with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in Food and Drinking Water Resources