US Foodservice Packaging Regulations: FDA, PFAS, EPR and Bag Laws

How does the FDA regulate food-contact packaging?

The FDA requires every substance in a food-contact material to have a legal basis for its intended use: listing in 21 CFR Parts 174-178, GRAS status, a prior sanction, or an effective Food Contact Notification (FCN). There is no FDA approval or certificate for finished packaging; compliance is shown component by component.

For paper takeout packaging, 21 CFR 176.170 covers paper and paperboard components in contact with aqueous and fatty foods (wraps, clamshells, cups, soup containers), and 21 CFR 176.180 covers contact with dry food. Polyethylene coatings, adhesives and other components have their own listings. An FCN applies only to the notifier's substance and customers using it. Treat "FDA approved packaging" as shorthand to be checked: ask which CFR sections and conditions of use the supplier relies on. The full explanation, including what a compliance statement should contain, is in our food-contact packaging compliance guide.

Which US states ban PFAS in food packaging?

At federal level, the FDA announced on 28 February 2024 that PFAS grease-proofing agents are no longer sold for US food contact, and in January 2025 it determined that 35 PFAS FCNs were no longer effective, with existing stock usable until 30 June 2025. Many states also ban intentionally added PFAS in food packaging.

The practical national baseline is no intentionally added PFAS. Several states use total organic fluorine thresholds, commonly 100 ppm, as an indicator, and BPI applies a limit of 100 ppm total organic fluorine for compostable certification. Barrier alternatives and test methods are covered in our guide to PFAS-free food packaging.

Which states have packaging EPR laws?

At least seven states have packaging extended producer responsibility laws: California (SB 54), Oregon, Colorado, Maine, Minnesota, Maryland and Washington. The producer is typically the brand owner, or the importer or distributor if the brand has no US presence. Circular Action Alliance acts as the producer responsibility organization (PRO) in most of these states.

Each state sets its own registration, reporting and fee timelines, and some exempt small producers. Register with the PRO for each state where your packaging reaches consumers and confirm deadlines on the state agency's site.

Who is responsible for US packaging compliance?

The FDA expects whoever introduces food-contact packaging into commerce to ensure it complies; states assign PFAS, EPR and bag-law duties to manufacturers, brand owners, distributors and retailers in varying ways. In practice, the brand owner sets requirements, the importer of record carries customs and often EPR duties, and the foreign manufacturer must supply compliant goods and documents.

Brand owner or restaurant chain

The brand owner usually is the EPR producer for packaging bearing its brand, decides whether claims like "recyclable" or "compostable" appear on pack, and is the party consumers and regulators associate with the packaging. Bag laws often put the charge and recordkeeping duty on the store or restaurant itself. Keep compliance statements, PFAS declarations and recycled-content certificates for each item and state.

Importer of record

The importer of record is responsible for customs entry, duties, the customs bond, ISF filing and country-of-origin marking, and is often the EPR producer when the brand has no US presence. It should hold the manufacturer's FDA compliance statement and PFAS declarations at entry.

Distributor

Distributors may be named in state PFAS laws (many prohibit selling or distributing non-compliant packaging) and may be the EPR producer if the brand owner is not in the US. Keep supplier certificates traceable to lot numbers, especially for PFAS and recycled-content claims.

Foreign manufacturer

A manufacturer outside the US must produce to FDA requirements for the stated conditions of use, avoid intentionally added PFAS, provide recycled-content and composition data, and mark goods with country of origin. It is generally not the EPR producer unless it sells directly into the US under its own brand without a US entity.

What do the FTC Green Guides and California SB 343 require?

The FTC Green Guides (16 CFR Part 260, issued 2012 and still in force while a review opened in December 2022 continues) say an unqualified "recyclable" claim requires recycling facilities to be available to a substantial majority, meaning 60 %, of consumers where the item is sold. California SB 343 goes further: it restricts the recycling symbol and "recyclable" claims on packaging that does not meet California's criteria. The restrictions were due to apply from 4 October 2026 (18 months after CalRecycle's final findings report of 4 April 2025), but on 14 July 2026 the US District Court for the Southern District of California (California League of Food Producers v. Bonta) preliminarily enjoined the state from enforcing SB 343 against any business while the case continues. Check the current status of the case before relying on either position.

For printed takeout packaging, avoid putting the chasing-arrows symbol or "recyclable" on items that do not meet both tests, particularly coated cups and food-soiled containers. Qualify claims where needed, and keep substantiation on file. Claims terminology is explained in recyclable, compostable and biodegradable packaging.

What do US carryout bag laws require?

Bag laws are set by states and cities. California SB 1053 bans plastic carryout bags at covered stores (larger grocery stores, large stores with a pharmacy, and convenience stores, food marts and liquor stores with Type 20 or 21 licences; restaurants are not in the definition) from 1 January 2026. Recycled paper bags there must be accepted in curbside recycling, carry the manufacturer's name, country of manufacture and post-consumer content percentage, be sold for at least 10 cents, and contain at least 50 % post-consumer content from 1 January 2028. The text in force for 2026 and 2027 sets no interim percentage (the earlier 40 % minimum belonged to the pre-2026 definition). New York bans most plastic carryout bags and lets cities and counties adopt a 5-cent paper bag fee, but its state law sets no recycled-content minimum for paper bags. New Jersey bans paper carryout bags at grocery stores of 2,500 sq ft or more (since 4 May 2022), and its Recycled Content Law requires paper carryout bags sold in the state to contain at least 40 % post-consumer recycled content (20 % for bags made to hold 8 lb or less) since 18 January 2024, an obligation on the bag manufacturer.

Coverage of restaurants differs by state, and many cities have their own ordinances, so check each location. Paper bag specification, including PCW content and markings, is covered in paper bag regulations by market, and plastic bag rules in plastic carrier bag regulations.

What are the rules for compostable packaging?

Compostable claims in the US are tied to ASTM standards (D6400 for plastics, D6868 for coatings on paper or other substrates, D8410 for certain products) and, in practice, to BPI certification, which requires no more than 100 ppm total organic fluorine. California AB 1201 adds labelling rules: from 1 January 2026 a product labelled compostable must also be an allowed input under the USDA National Organic Program. For products containing synthetic substances (such as PLA- or PHA-based items) that otherwise meet the rules, including an ASTM standard, CalRecycle has postponed that requirement to 30 June 2027; any renewal cannot run beyond 1 January 2031, so check the current position before printing compostability claims for California. Washington and Colorado also have compostable labelling laws.

What import basics apply to packaging shipped from overseas?

Printed packaging is typically classified in HTS chapter 48 (for example 4819 for boxes and bags, 4823.69 for cups, 4811 and 4806 for coated and greaseproof papers) or heading 3923 for plastic bags and pouches. The importer of record files entry, posts a customs bond, submits Importer Security Filing (ISF 10+2) for ocean shipments and ensures country-of-origin marking under 19 CFR 134.

Most-favoured-nation duties on many chapter 48 items are low, but additional tariffs on goods from various countries, including Türkiye, have changed repeatedly since 2025. Do not rely on a rate quoted in an article; check hts.usitc.gov and confirm with a licensed customs broker at the time of order. The de minimis exemption for low-value parcels is suspended, so small shipments are not duty-free. Logistics and documentation for orders from Türkiye are covered in sourcing packaging from Türkiye.

US timeline for takeout packaging buyers

Documents to request from your packaging manufacturer

• FDA compliance statement or letter of guaranty for each item, naming the CFR sections (such as 21 CFR 176.170 or 176.180), conditions of use, and any FCNs relied on, with the FCN holder.
• No-intentionally-added-PFAS declaration, plus fluorine test results (total organic or total fluorine) where states or BPI require them.
• Recycled-content certificate (post-consumer percentage) for paper carryout bags, traceable to the paper mill.
• Bag marking proofs showing required statements per state.
• Composition and weight per item for EPR reporting in each state.
• Evidence for any recyclable or compostable claim (ASTM test reports, BPI certificate where applicable).
• Commercial invoice details, HTS classification proposal and origin marking confirmation for the importer of record.

When buying from an overseas manufacturer such as 9 Packaging in Istanbul, agree the documentation set at quotation and technical review, since it depends on materials, construction and the states where the packaging will be used.

What this means for foodservice and e-commerce packaging

• Carryout bags: recycled content, markings and charges vary by state; specify for the strictest state you serve. See custom printed paper carrier bags and custom printed takeaway bags.
• Deli paper, basket liners and burger wraps: FDA 176.170 for fatty food and PFAS-free barriers for every state. See custom printed greaseproof paper.
• Hot cups: FDA compliance of the lining, careful use of recyclable claims under SB 343. See custom printed paper cups.
• E-commerce boxes: EPR reporting by brand owner or importer; recyclable claims must meet the Green Guides and California rules.

Next step: build a state-by-state packaging matrix

List each item against the states you sell in, with columns for FDA compliance, PFAS, EPR registration, bag-law requirements and on-pack claims. Fill gaps by requesting the documents above from your supplier. If you are specifying new takeout packaging for the US, include the target states and claim requirements in your request for quotation or send them through our contact page.