Hawaii PFAS Disclosure & Procurement Restrictions

By the Opora Editorial Team

Hawaii's PFAS regulatory framework is anchored in state procurement and food-service supply chains, reflecting the island state's distinctive economic structure: a government sector that accounts for a disproportionate share of institutional purchasing, a tourism-driven food-service industry reliant on disposable packaging, and a military presence that has already experienced severe PFAS contamination. The primary legislation — HB 1644, enacted as Act 152 of the Session Laws of Hawaii 2022 and codified at Hawaii Revised Statutes §§ 321-601 through 321-604 — took effect July 1, 2022 and established phased PFAS prohibitions on Class B firefighting foam and specified food packaging, with food packaging restrictions operative as of December 31, 2024. For janitorial and commercial cleaning businesses holding state agency contracts in Hawaii, the state procurement landscape is increasingly structured around PFAS-free purchasing preferences aligned with Act 152's mandate — creating a competitive differentiator for suppliers who can document PFAS-free product portfolios when bidding against the state's procurement preference framework.

Act 152: Core Prohibitions

Act 152 (HB 1644, 2022) is codified at HRS §§ 321-601 through 321-604. It imposes two sets of PFAS prohibitions. First, for Class B firefighting foam: manufacturers were required to notify sellers of their applicable PFAS-containing foams by January 1, 2023; as of July 1, 2024, the manufacture, sale, distribution, or use of Class B firefighting foam containing intentionally added PFAS is prohibited, with the sole exception of petroleum-fire suppression where no safer alternative exists, or where federal law or regulations require PFAS. Second, for food packaging: the manufacture, sale, distribution for sale, or use of specified food packaging to which PFAS has been intentionally introduced in any amount is prohibited effective December 31, 2024.

"Food packaging" under Act 152 is defined as a package or packaging component applied to or in direct contact with food or beverage and comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. The law enumerates four covered packaging types: wraps and liners, plates, food boats, and pizza boxes. This enumerated-categories approach — modeled on the Washington Department of Ecology's alternatives assessment methodology — limits Act 152's immediate scope to high-volume packaging formats where PFAS-free alternatives are commercially proven. Packaging categories not explicitly listed (clamshells, cups, pouches, plastic and foam containers) remain outside Act 152's current scope, though future legislative expansion is under active consideration.

Penalties for Violations

Hawaii's Department of Health (DOH) enforces Act 152 under HRS § 321-602. The penalty structure is tiered:

First offense: civil penalty up to $5,000
Subsequent offenses: civil penalty up to $10,000 per violation

Liability falls primarily on manufacturers and distributors rather than end users. A restaurant or cafeteria that purchases non-compliant packaging from a supplier is not the primary enforcement target; the manufacturer or distributor who supplied PFAS-containing packaging after the prohibition date faces direct civil penalty exposure. For commercial cleaning operators who distribute food-service packaging or paper products as part of supply bundles, the manufacturer/distributor classification may apply. The DOH Food and Drug Branch (FDB) conducts active compliance outreach to Hawaii food-service and hospitality stakeholders. The HEER Office oversees PFAS environmental action levels and contaminated-site remediation oversight.

State Procurement and PFAS-Free Preference

Hawaii's state procurement code — the Hawaii Public Procurement Code, HRS Chapter 103D — gives the State Procurement Office (SPO) broad authority to establish procurement preferences advancing state policy objectives including environmental protection. Part X of HRS Chapter 103D (§§ 103D-1001 through 103D-1012) sets out preferences for recycled products (§ 103D-1005), biofuels (§ 103D-1012), and similar sustainability criteria. The Red Hill PFAS contamination crisis — and Act 152's passage — created significant administrative impetus for Hawaii state agencies to incorporate PFAS-free specifications into custodial, janitorial, and food-service contracts as a de facto preference.

State agencies procuring cleaning supplies, mops, uniforms, and food-service packaging are increasingly requiring PFAS-free certifications from vendors, not as a formal statutory preference but as a best-practice procurement standard embedded in contract specifications and RFP evaluation criteria. Commercial cleaning operators who document PFAS-free product portfolios gain a meaningful competitive edge on state agency bids. The University of Hawaii system, Hawaii DOE, and various DOH facilities are among the institutional accounts where PFAS-free documentation translates directly into bid scoring advantages.

Red Hill and the Military-Contamination Context

Hawaii's PFAS regulatory posture cannot be separated from the Red Hill Bulk Fuel Storage Facility contamination. A November 2022 spill of approximately 1,300 gallons of PFAS-containing AFFF, combined with a September 2020 spill, contaminated drinking water for tens of thousands of Oahu residents including military families. The Hawaii DOH HEER Office now monitors ten groundwater wells around Red Hill and has developed what it describes as the most comprehensive set of PFAS environmental action levels (EALs) in the United States — covering more than 20 PFAS compounds across soil, groundwater, vapor, and indoor air. For janitorial operators serving military installations, the DoD's parallel PFAS-free purchasing initiative is directly relevant: the Defense Federal Acquisition Regulation Supplement (DFARS) issued a class deviation in 2022 prohibiting procurement of certain PFOS- or PFOA-containing items. Military custodial contracts in Hawaii commonly specify PFAS-free cleaning products. Commercial cleaners serving Joint Base Pearl Harbor-Hickam and other Hawaii installations operate under de facto PFAS-free product requirements.

What This Means for Janitorial Operators

Food-service packaging: All wraps, liners, plates, food boats, and pizza boxes distributed to Hawaii clients must have been PFAS-free since December 31, 2024. Maintain supplier certifications and Certificates of Analysis confirming compliance.
State agency contract positioning: Include PFAS-free product attestations proactively in proposals for state agency cleaning contracts. Align your product portfolio with EPA Safer Choice certification wherever possible.
Military facility cleaning contracts: PFAS-free cleaning products are effectively required under DFARS guidance. EPA Safer Choice or Green Seal GS-37 certified products satisfy the federal requirement.
HEER office proximity: For cleaning operators working at or near PFAS-contaminated sites (airports, former training grounds, military-adjacent properties), HEER's PFAS EAL guidance is relevant to waste-stream management and chemical handling protocols.
Future legislative expansion: Hawaii's 2023 legislature introduced SB 504, which would extend PFAS prohibitions to all food packaging, food service ware, cosmetics, and personal care products. Monitor future sessions for scope expansion.

Compliance Steps

Audit food-service packaging inventory: Confirm all wraps, liners, plates, food boats, and pizza boxes distributed in Hawaii are PFAS-free. Request total organic fluorine (TOF) test data or certificates of compliance from paper packaging suppliers.
Document supplier compliance: Keep supplier correspondence, Certificates of Analysis, and PFAS-free attestations on file. Good-faith reliance on supplier certifications is a practical enforcement defense.
Review state agency RFPs for PFAS-free specifications: Include PFAS-free product attestations proactively in all state institutional cleaning bids and align product portfolios with EPA Safer Choice certification.
Contact Hawaii DOH FDB for Act 152 compliance questions via health.hawaii.gov/food-drug/pfas-in-food-packaging/.
Monitor HEER office guidance for evolving PFAS EALs and site-specific obligations near contaminated sites.
Assess federal contract requirements independently: For DoD and GSA facility contracts, confirm compliance with DFARS PFAS restrictions and GSA's Safer Choice/Green Seal custodial specifications.
Prepare for future legislative expansion: Monitor the Hawaii Legislature for bills extending Act 152 to cosmetics, personal care products, and broader food service ware categories.

Bid Template Language

Hawaii state agency and county cleaning contracts should include: "All cleaning products, chemical supplies, food-contact paper products, and textile articles furnished under this contract shall be free of intentionally added PFAS in compliance with Hawaii Act 152 (HB 1644, 2022), codified at HRS § 321-601 et seq. All food packaging supplied or used by Contractor — including wraps, liners, plates, food boats, and pizza boxes — shall comply with the PFAS prohibition effective December 31, 2024. Contractor shall provide written manufacturer certifications confirming PFAS-free formulations for all cleaning products and food-contact paper products upon request. For facilities subject to federal GSA or DoD custodial specifications, all cleaning products shall additionally hold current EPA Safer Choice or Green Seal GS-37, GS-41, or GS-53 certification."

Primary sources

Related PFAS resources

PFAS state lookup tool — interactive ban calendar across all 50 states.
PFAS in cleaning products: the 2026 state-by-state ban calendar
Green Seal, EcoLogo, Safer Choice & CIMS-GB pathways
Buying smart hub — chemical sourcing and certification guides.

Hawaii PFAS Disclosure & Procurement Restrictions — SB 1147