
With the EPA's recent extension of the TSCA Section 8(a)(7) Per- and Polyfluoroalkyl Substances (PFAS) reporting deadline to October 13, 2026 (and April 13, 2027 for certain small importers), every cannabis and CBD operator with U.S. distribution must recalibrate their compliance strategy for packaging, coatings, and devices. This shift reshapes year-end business planning, supplier engagement, and product development as companies seek to avoid enforcement risk and prepare for cascading state PFAS laws.
TSCA Section 8(a)(7) tasks any entity that has manufactured (including imported) PFAS or PFAS-containing articles in the U.S. since January 1, 2011—including all cannabis and hemp products, packaging, coatings, and infused devices—with a sweeping, one-time reporting requirement.
Key dates to know:
Visit the EPA’s official TSCA PFAS reporting resource for ongoing updates.
The cannabis industry’s reliance on high-performance packaging, specialty inks, film barriers, and device hardware puts it squarely in the PFAS regulatory spotlight. PFAS are widely used in:
Because TSCA defines PFAS broadly and the rule covers both articles (finished goods/components) and chemical mixtures, most imported or branded cannabis product packaging is covered if produced since 2011.
The reporting requirements are exacting. Businesses must inventory and report to the EPA (for each qualifying PFAS-containing product, packaging, or device):
See the detailed EPA PFAS reporting instructions (PDF).
TSCA Section 8(a)(7) covers thousands of PFAS compounds. If your company manufactured or imported ANY product with PFAS chemistry or known PFAS function (such as grease barriers, stain resistance, or water repellency), you must assume it requires review and likely reporting. This applies to:
The EPA explicitly identifies packaging and paper goods as in-scope—regardless of whether they are direct-contact or secondary packaging.
To meet the 2026 reporting deadline and survive the EPA’s “lookback to 2011,” brands must take urgent steps in 2025:
Catalog every can, bottle, jar, pouch, vaporizer, device, label, and closure that has been manufactured or imported since 2011.
Draft a supplier disclosure form requesting, at minimum:
Tip: Make PFAS disclosure and cooperation a binding term of 2025 contract renewals and purchasing agreements.
Focus first on beverage packaging (cans, bottle liners, film barriers), flexible packaging/films, labels/inks, and vaporizer/cartridge components as these are most likely to use PFAS for performance properties.
Store supplier responses, certifications, and test data in a centralized compliance repository for rapid access during EPA reporting.
Cannabis and hemp companies must take a dual-track approach to PFAS compliance:
Aligning your federal and state strategies—especially in reformulation, supplier screening, and public disclosure—improves efficiency and reduces cost/risk.
For the latest on state-specific cannabis packaging and PFAS restrictions, refer to CannabisRegulations.ai’s state regulations guide.
Stay ahead of PFAS and cannabis packaging compliance requirements. For custom guidance, document templates, and live regulatory updates, visit CannabisRegulations.ai and connect with industry-leading compliance resources.