What happens when states mandate post-consumer recycled (PCR) materials in the food supply chain? They run afoul of the U.S. Food and Drug Administration (FDA).

Senate Bill 5154, known as the “WRAP Act” would require incremental increases in the amount of PCR materials in all sorts of plastic packaging – including food. There is one problem with this plan: the FDA says PCR materials in “food-contact” packaging may not be safe.

“FDA's main safety concerns with the use of PCR plastic materials in food-contact articles are: 1) that contaminants from the PCR material may appear in the final food-contact product made from the recycled material, 2) that PCR material may not be regulated for food-contact use may be incorporated into food-contact article, and 3) that adjuvants in the PCR plastic may not comply with the regulations for food-contact use.”

It is an understandable reservation. Recycled plastics come from all over the place – some may have been in contact with food in their previous life, some may have been in contact with dog food, pesticides, or cleaning supplies. Recycling plastics is not a bad thing. When used for food packaging, however, additional caution may be needed.

The current Senate Bill does not lay out an exemption for agriculture or food. Something that can, and should, change.

Oftentimes well-intentioned bills have unforeseen consequences, and food packaging regulations is one of those overlooked categories.

As Washington state legislators explore ways to support environmental causes, they should also consider efforts that promote innovation rather than regulation. Private projects like Plastic Bank have made remarkable strides in capturing plastic trash in the ocean and recycling it for cleaning supply bottles without legislation or governmental mandates.

At a minimum, food and agricultural entities should be exempt from the PRC materials requirements listed in SB 5154. Better yet, Washington state legislators should look beyond the walls of the Capital Campus to find solutions to problems that affect us all.