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2021 SESSION
20105001DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 2 of Chapter 51 of Title 3.2 a section numbered 3.2-5119.1 as follows:
§ 3.2-5119.1. Food packaging containing PFAS chemicals; penalty.
A. For the purposes of this section:
"Food packaging" means a package or packaging component that is used to store food or foodstuffs for sale.
"PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, also referred to as perfluoroalkyl and polyfluoroalkyl substances.
B. No person shall sell, offer for sale, or distribute for sale or use in the Commonwealth any food packaging that contains PFAS chemicals in any amount or to which PFAS chemicals have been intentionally added.
C. Any person who violates any of the provisions of this section is guilty of a Class 2 misdemeanor. The Commissioner is authorized to seize any food packaging that is held for sale or distribution in violation of this section, provided that such food packaging does not contain food, and such seized food packaging shall be forfeited.