How to Open a Popcorn Business ...

13 Aug.,2024

 

How to Open a Popcorn Business ...

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Starting a popcorn business can be a fun and lucrative venture, but it requires careful planning and preparation. Whether you want to open a standalone store or offer popcorn as an addition to your existing business, there are certain things you need to consider. 

From equipment and ingredients to legal requirements and wholesale marketing strategies, the process of selling popcorn can be overwhelming. In this blog, we&#;ll discuss everything you need to know about opening a popcorn business and help you navigate the challenges with ease. 

Whether you&#;re just starting out or looking to expand your wholesale food distribution business, we&#;ve got you covered. Read on to find out what you need to open a popcorn business.

What is a Popcorn Business?

A popcorn business is an enterprise that specializes in the production and sale of popcorn, a popular snack food made from corn kernels that are popped to create fluffy, crunchy bites. Popcorn businesses can vary in size, from small, home-based operations to large, commercial facilities that produce thousands of pounds of popcorn every day. 

Some popcorn businesses may sell only popcorn, while others may offer a wider range of wholesale snack foods, such as candy, chips, and other treats. Popcorn is a beloved snack around the world, enjoyed by people of all ages and backgrounds. 

Its popularity is due to a variety of factors, including its satisfying crunch, its versatility as a snack food (it can be enjoyed plain or dressed up with a variety of flavors and seasonings), and its affordability. Additionally, popcorn is often seen as a healthier snack option compared to other options like chips or candy, making it a great choice for health-conscious consumers.

6 Requirements You Need to Open a Popcorn Business

To start a popcorn business, you'll need a few key things: 

  • a passion for popcorn
  • a solid business plan
  • a commercial popcorn machine
  • storage containers, packaging materials
  • the necessary licenses
  • permits for your location

You may also need to secure funding for your business, either through personal savings, a loan, or an investment from a business partner. Let&#;s look at these requirements closely.

Take your sales to the next level with cross selling and upselling. Check out our article for expert tips and tricks.
  1. Solid Business Plan

Your popcorn business plan is an essential resource for obtaining finance and luring investors. Writing a restaurant business plan also acts as a road map for your business. 

The following are the essential elements of your popcorn business plan:

  • Market Research

Before starting any business, it is essential to conduct thorough market research. The first step in opening a popcorn business is to determine the demand for popcorn in your area. This can be done by conducting surveys, analyzing market trends, and researching the competition. You need to understand the target market, their preferences, and what they are willing to pay for your product.

  • Location Analysis

Once you have conducted market research, the next step is to determine the best location for your business. Consider factors such as accessibility, foot traffic, and visibility when choosing a location. You also need to research the local regulations and permits required to start a food business in your area.

  • Financial Planning

A business plan is not complete without financial planning and eCommerce accounting. Determine the costs associated with starting your popcorn business, including equipment, supplies, rent, insurance, and marketing expenses. Then, create a budget and financial projections based on your market research and location analysis. Consider seeking the assistance of a financial advisor to help you with this important step.

  • Operations Plan

The operations plan outlines the daily operations of your business. This includes everything from the processes for making and selling popcorn to managing inventory and staffing. It is essential to have a detailed plan in place to ensure the smooth operation of your business.

  • Marketing Plan

A marketing plan is critical to the success of your business. Develop a strategy for promoting your popcorn business, including traditional advertising methods such as flyers and posters, as well as online marketing tactics such as social media and search engine optimization (SEO). Consider offering promotions and discounts to attract customers, and creating a loyalty program to retain them.

  1. Licenses and Permits

Starting a popcorn business may seem simple. However there are various licenses and permits that you need to obtain before you can start operating. This is to ensure that your business complies with the laws and regulations set by the government, and that your customers are provided with safe and hygienic products. 

Here is a list of some of the essential licenses and permits that you need to open a popcorn business:

  • Business License

This is the most basic license that you need to obtain to start a business. The business license is issued by the local government and is required to verify that your business is registered and operating legally. The fee for the wholesale license may vary depending on the location and size of your business.

  • Food Service Permits

If you are starting a popcorn business that involves preparing and selling food, you need to obtain food service permits from the local health department. The health department will inspect your kitchen facilities, equipment, and procedures to ensure that you are following the food safety regulations.

  • Health Department Regulations

The health department has strict regulations regarding the production and sale of food items. You need to comply with these regulations to keep your business running. The regulations include guidelines for food handling, storage, preparation, and serving, as well as the use of safe ingredients.

  • Licensing Requirements by State

Every state has different licensing requirements for businesses. Some states may require additional permits or certifications, such as a seller's permit, a tax registration certificate, or a food handler's card. You need to research the licensing requirements in your state and obtain the necessary permits before you start operating your popcorn business.

  1. Popcorn Equipments and Supplies

To get your popcorn business off the ground, you need to invest in the right equipment and supplies. Here are some essential items you should consider when setting up your popcorn business:

  • Commercial Popcorn Machine

A commercial popcorn machine is the heart of any popcorn business. This machine is designed to produce large quantities of popcorn quickly and efficiently. When choosing a commercial popcorn machine, consider the size, capacity, and features that best meet your business needs. Some commercial popcorn machines are equipped with built-in warming decks, making it easier to keep popcorn fresh and warm for your customers.

  • Ingredients and Packaging Supplies

The next important aspect of starting a popcorn business is the ingredients and packaging supplies. You need to choose the right ingredients to create your signature popcorn flavor and ensure your customers are satisfied with the taste and quality. You also need to invest in quality packaging supplies such as popcorn bags, boxes, and scoops to keep your popcorn fresh and presentable. 

Consider working with wholesale distribution companies and credible wholesale food distributors to get the best wholesale popcorn supplies and prices.

  • Storage and Display Equipment

To ensure your popcorn stays fresh and organized, you need to invest in storage and display equipment. Commercial-grade popcorn carts, bins, and displays are great options to showcase your popcorn and keep it organized. This equipment is essential to keep your popcorn warm and fresh while also making it easier for your customers to choose the flavor they want.

  • Point of Sale System

Finally, you need to invest in a Point of Sale (POS) system to manage your popcorn business. A restaurant POS system will help you keep track of your sales, manage your inventory, and simplify the checkout process. With a POS system, you can accept various forms of payment and track sales in real-time, making it easier to manage your business and keep your customers happy.

  1. Staffing

If you are opening a popcorn business, it is important to ensure that you have a team of employees who are dedicated, skilled, and capable of providing excellent customer service. The following are some tips to help you in hiring employees for your popcorn business:

  • Determine the Skills and Experience Needed

Before you start the hiring process, you need to determine the skills and experience needed for the various positions within your business. This will help you to determine the qualifications and requirements you need to look for in potential employees.

  • Use Job Postings to Find Qualified Candidates

There are a variety of ways to reach potential employees, including online job postings, classified ads in local newspapers, or even word of mouth. Take advantage of these resources to find qualified candidates who are interested in working in your popcorn business.

  • Interview Candidates Thoroughly

Once you have a pool of potential employees, it is important to conduct thorough interviews to determine their qualifications and suitability for the position. During the interview process, be sure to ask open-ended questions that will allow you to gain insight into the candidate's experience, skills, and personality.

  • Check References

Before making any hiring decisions, it is important to check references of potential employees. This will give you a good idea of the candidate's work history, performance, and reliability.

  • Develop a Training Program

A comprehensive training program will help your employees to understand the procedures, protocols, and expectations of your business. This will ensure that they are able to perform their jobs effectively and efficiently.

Labor Laws and Regulations for Your Popcorn Business

In order to comply with the various labor laws and regulations, it is important to understand your responsibilities as an employer. The following are some of the key labor laws and regulations that you will need to consider when opening a popcorn business:

  • Minimum Wage Laws

It is important to ensure that you are paying your employees at least the minimum wage required by law. You can find information on the minimum wage laws in your state on the Department of Labor website.

  • Overtime Pay Laws

You will also need to comply with the laws regarding overtime pay for your employees. This includes paying employees time and a half for any hours worked over 40 in a week.

  • Anti-Discrimination Laws

As an employer, you are also required to comply with anti-discrimination laws. This means that you cannot discriminate against employees based on race, gender, religion, or any other protected characteristic.

  • Employee Safety Laws

Finally, you will need to ensure that your employees are working in a safe and healthy workplace environment.

  1. Popcorn Marketing and Branding

The next requirement to open your popcorn business is eCommerce marketing and branding. With customers looking for a more personalized and omnichannel marketing experience, it is important to have the right marketing strategies in place to promote your popcorn business.

Let&#;s look at some tips and tricks to grow your business:

  • Developing a Unique Brand Identity

In order to create a successful popcorn business, it is important to develop a unique brand identity that sets your business apart from others. This includes creating a memorable logo, selecting a specific color scheme, and choosing a catchy slogan that accurately represents your brand.

It is also important to identify your target audience and what they are looking for in a popcorn business. This will help you tailor your branding efforts to effectively reach and engage with your target audience.

  • Creating a Website and Social Media Presence

In today's digital age, having a strong online presence is crucial for the success of any business. This includes creating a professional and user-friendly eCommerce website that accurately represents your brand and provides information about your products and services.

Having a strong social media presence is also essential for promoting your popcorn business. This includes regularly posting engaging content on platforms such as Facebook, Instagram, and Twitter to build a following and drive traffic to your website.

  • Promoting the Business through Advertising and Events

Promoting your popcorn business through advertising and events is an effective way to reach a wider audience and create awareness about your brand. This includes using traditional advertising methods such as print ads and billboards, as well as online advertising through platforms such as Google Ads and Facebook Ads.

Hosting events such as pop-up shops, product demonstrations, and food fairs is another way to promote your business and give customers a chance to try your products. These events provide a unique and interactive experience that can help build brand loyalty and drive sales.

  1. Ongoing Operations

Ongoing operations are key to the success of your popcorn business. By focusing on managing your inventory and supplies, maintaining your equipment and facilities, and staying current with industry trends and regulations, you'll be able to keep your business running smoothly for years to come.

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Here are three important areas you need to focus on for ongoing operations:

  • Managing Inventory and Supplies

In any food business, it's crucial to manage your inventory and supplies effectively to ensure a smooth and seamless operation. You'll need to keep track of what ingredients you have on hand, as well as any equipment that you'll need to keep your popcorn production running smoothly. To effectively manage your inventory, consider implementing a system for tracking your stock levels and reordering supplies as needed.

  • Maintaining Equipment and Facilities

Another important aspect of ongoing operations is maintaining your equipment and facilities. This includes ensuring that all equipment is properly maintained and in good working order, as well as ensuring that your facilities are clean, safe, and well-maintained. Regular cleaning and maintenance will help to extend the life of your equipment, minimize the risk of foodborne illness, and keep your customers happy.

  • Staying Current with Industry Trends and Regulations

Finally, it's important to stay up-to-date with the latest industry trends and regulations. This includes understanding food safety regulations, product labeling requirements, and any other rules and regulations that apply to your business. By staying informed, you can ensure that your popcorn business is operating in compliance with all relevant laws and regulations, and that you're providing a safe and high-quality product to your customers.

Frequently Asked Questions About What You Need to Open a Popcorn Business

Here are some frequently asked questions about the requirements for starting a popcorn business:

What Kind of Equipment do I Need to Start a Popcorn Business?

At a minimum, you will need a popcorn machine, supplies such as kernels and oil, containers for serving the popcorn, and packaging materials. Other equipment you might need includes a cash register, storage containers, and food-grade warming cabinets.

How Much Does it Cost to Start a Popcorn Business?

On average, it can cost anywhere from $5,000 to $30,000 or more to start a popcorn business. The cost of starting a popcorn business will vary depending on factors such as the size of your operation, location, and equipment you need.

Do I Need a Food Safety Certification to Start a Popcorn Business?

Yes, you may need to obtain a food safety certification, such as a ServSafe certification, to start a popcorn business, depending on local regulations and laws. This certification will help ensure that you are operating a safe and sanitary food service establishment.

What are the Best Locations for a Popcorn Business?

Some popular locations include shopping malls, sports arenas, movie theaters, and amusement parks. Consider factors such as foot traffic, competition, and rental costs when choosing a location.

Do I Need to Have Experience in the Food Industry to Start a Popcorn Business?

While having experience in the food industry can be helpful, it is not a requirement to start a popcorn business. However, it is important to have a basic understanding of food safety and preparation, as well as business operations and management.

Pop Out in Style

Starting a popcorn business can be an exciting and fulfilling venture. The key to success is thorough planning and preparation. By following the steps outlined in this article, you can ensure that you have a solid foundation for your business and increase your chances of success. From researching your market to securing funding, each step is essential to the success of your business.

It is important to remember that starting a business takes time and effort, but the rewards can be substantial. The popcorn industry offers a range of opportunities for entrepreneurs, and with the right approach, you can turn your passion for popcorn into a successful business.

So, if you're ready to pursue entrepreneurship in the popcorn industry, remember that you have what it takes to make your popcorn business a reality. Just keep in mind that preparation is key and never stop learning and growing. With hard work and determination, you can open the doors to your own successful popcorn business.

PFAS in Packaging: What the Food Industry Needs to Know

Per- and poly-fluoroalkyl substances, known as PFAS, are a group of thousands of synthetic chemicals that have been used for decades in consumer and industrial applications. As more is learned about their resistance to degradation and links to health concerns, lawmakers and regulators across the country are taking action to ban certain uses of PFAS and require responsible parties to clean up contaminated properties and public drinking water supplies. This article explores the legal and business risks PFAS poses to the food and beverage sector, specifically in connection with food packaging, and presents operational and transactional strategies to manage such risks. 

What is All the "PFUSS?" 

According to a database maintained by the U.S. Environmental Protection Agency (EPA), there are nearly 15,000 PFAS. Some have been in production and used in diverse commercial and industrial applications worldwide since the s. PFAS were initially known as "wonder chemicals" and praised for their durability. Their unique properties made PFAS commonly used in food packaging, nonstick cookware, cosmetics, waterproof/stain-resistant fabrics, and other consumer products. In industrial settings, PFAS are common additives in the manufacturing of semiconductors, coatings, electronics, and firefighting foams.  

However, PFAS are now known as "forever chemicals" because they do not readily break down in the environment and will contaminate soil, water, air, and waste streams during production, use, and disposal. PFAS also bioaccumulate in humans, leading to potential adverse health effects including low infant birth weight, cancer, immune system impacts, and thyroid hormone disruption. They can be found in humans, food, livestock and wildlife, remote areas of the planet, and even rainwater. 

Whether it is toxicological, legal, or operational, there is risk&#;and then there is risk that matters. When it comes to PFAS, however, the distinction is not yet clear. So much is still unknown, including how to accurately and consistently sample various environmental media for PFAS, institute reliable laboratory analytical methodologies to measure them, determine background levels, replace them with safer alternatives, and cost-effectively remediate them. 

Nevertheless, thanks in part to growing media coverage and awareness, including high-profile features in the news, at least one gripping Hollywood drama, and numerous documentaries, PFAS and other similar compounds are now part of a group of emerging contaminants coming under increasing scrutiny. The legal landscape and regulatory thicket surrounding PFAS continues to evolve, seemingly daily, as various states and the federal government take action.  

Unlike traditional contaminants measured in the parts per million (ppm) and parts per billion (ppb) levels, regulatory thresholds for permissible PFAS levels in various environmental media are now consistently being established in the parts per trillion (ppt) range, the equivalent to a drop or two in an Olympic-sized swimming pool, meaning even minor applications or uses of PFAS can have lasting effects.  

In many respects, the food and beverage sector is a key player in recent legal and regulatory developments as farms grapple with the devastating effects of PFAS-contaminated fertilizers, anglers and hunters adjust to local "do not eat" orders for fish and game taken from hot spot areas, and the U.S. Food and Drug Administration (FDA) continues to test the general food supply as part of its Total Diet Study and regulate the importation of food products with detectable levels of PFAS.  

PFAS in Food Packaging 

FDA first began authorizing specific types of PFAS-containing substances for use in food contact applications, including nonstick coatings and grease- and waterproof agents, in the s. To be authorized, FDA must initially review and approve data demonstrating a reasonable certainty of no harm from the intended use, and then the agency continues to review data throughout the use of the approved substance. 

With FDA approval, as with many other consumer and industrial applications, PFAS became ubiquitous in food packaging. Nonstick cookware was often marketed as containing PTFE, and paper, paperboard, and other plant-based food packaging products were treated with PFAS-containing substances to improve their ability to contain hot, wet, greasy, and oily foods. Common examples include fast food containers, pizza boxes, and microwave popcorn bags. In , Consumer Reports tested 118 food packaging products from various fast food, fast casual, and grocery chains and found elevated levels of total organic fluorine, often used as a proxy for PFAS, in at least one food packaging product from every retailer studied, some of which had already claimed to have phased out PFAS.1 

It is also possible that PFAS can be found in food packaging to which a PFAS-containing substance is not intentionally added. As noted, PFAS are commonly used in a variety of manufacturing processes, for example, to assist in the extrusion of a plastic or film or as a mold-release agent. PFAS may also be present in raw materials, especially recycled paper and cardboard. As discussed below, whether PFAS has been intentionally added to packaging is now a key question for regulators and the regulated community alike. 

In recent years, researchers began examining whether and to what extent PFAS-containing food packaging poses a risk to our food supply and consumers. Recent studies have confirmed the potential for PFAS to migrate from PFAS-containing food contact surfaces into the food product. Among the most recent is a report finding that, over a seven-day period, PFAS leached from high-density polyethylene plastic packaging into the water or food contained within.  

It is important to note that PFAS-containing substances are also approved for use in equipment utilized during various stages of certain food manufacturing processes, for example, in gasket sealants. However, the speed of manufacturing and relatively limited surface contact with the food makes the manufacturing process a comparatively small source of potential PFAS exposure risk. 

States Take Action 

As the potential risks become more generally known, we have seen growing public demand to phase out or ban certain PFAS or their applications. New laws and regulations have recently affected the food and beverage sector, in particular. The rapidly evolving patchwork of state-by-state requirements has led to inconsistencies among jurisdictions and presents significant risk management hurdles for companies with operations in multiple jurisdictions. 

On December 31, , New York became the first state to ban the manufacture, distribution, and sale of certain types of food packaging with intentionally added PFAS. California's ban, which has certain similarities and significant differences, took effect the following day. As of the date of this publication, bans are effective in nine states: California, Colorado, Connecticut, Hawaii, Maryland, Minnesota, New York, Vermont, and Washington. Soon, Rhode Island (July ), Oregon (January ), and Maine (May ) will join the list, with many others considering their own bans. 

Given the state-by-state variability, there are five factors to consider in evaluating the extent of these bans: 

  • First, the term food packaging is generally defined to include products used to contain, handle, transport, store, serve, protect, and market food and beverage products. This includes bags, containers, wrappers, tubes, and cups, as well as their packaging components (e.g., blocking, seals, liners, inks, and labels). 
  • Second, most states limit food packaging to material intended for direct contact with a food or beverage, while two&#;California and Minnesota&#;define food packaging more broadly to potentially include shipping boxes and crates. 
  • Third, material matters, and the states are evenly split. Six apply their bans only to food packaging made from paper, paperboard, or materials derived from plant fibers, while the remaining six regulate food packaging regardless of its material composition. 
  • Fourth, all states ban intentionally added PFAS, meaning PFAS that are added to the food packaging to serve a specific function or provide a specific characteristic, such as nonstick or grease-resistant. In addition, California's law also bans the presence of total organic fluorine in a package or package component at or above 100 ppm. 
  • Fifth, look for carve-outs and additions. For example, Connecticut's ban does not restrict the presence of PFAS due to the use of recycled materials, but it prohibits PFAS alternatives or replacements if such chemicals create an equal or greater hazard. 

The state-by-state patchwork approach makes it critically important for manufacturers and distributors with multi-state footprints to be aware of, and understand, each ban and their differences to ensure compliance with all applicable requirements. As discussed below, there have been some high-profile voluntary recalls of food products implemented by companies in several states as a result of the evolving state laws. 

Federal Requirements Lag Behind  

At the federal level, food packaging-specific legislation and regulation continue to lag behind the states, despite the introduction of state bans on intentionally added PFAS in food packaging. As of this publication, there is currently no federal ban of PFAS in food packaging intended for consumer use, although there is a narrow ban on PFAS in certain food packaging provided to the military.  

That does not mean there has not been progress, however. Earlier this year, FDA announced the successful voluntary phase-out of grease-proofing agents containing PFAS that had historically been applied to paper and paperboard packaging. The FDA touts this as the culmination of a decade-long effort to remove PFAS from food packaging formulations in the supply chain. In the s, due to increased health concerns, authorizations for certain long-chain PFAS (e.g., PFOA and PFOS) used as grease-proofing agents were either withdrawn or revoked and the industry shifted to short-chain PFAS, which were supported by data indicating a reasonable certainty of no harm. In the years since, as other data came available, FDA began discouraging the use of any PFAS in food packaging and initiated a voluntary phase-out program for certain PFAS in . By , this program had expanded to include all authorized grease-proofing substances containing PFAS.  

In parallel, EPA continues to work through the various initiatives announced as part of its Strategic PFAS Roadmap in . The most impactful may be the new maximum contaminant levels (MCLs) and MCL Goals (MCLGs) for six PFAS pursuant to the Safe Drinking Water Act (SDWA). The individual MCLs for PFOA and PFOS in drinking water are 4 ppt, which is the lowest concentration at which laboratories can somewhat reliably measure these substances. The MCLGs for PFOA and PFOS in drinking water are zero, as the EPA maintains there is no safe level of consumption for these chemicals. If an MCL is exceeded, then certain response actions would be required, such as installing filtration or treatment systems. These abatement steps are likely to be a major financial and practical hurdle in the years to come.  

Under the SDWA, the rule applies to certain types of Public Water Systems, which is generally defined as water systems serving at least 25 people or having 15 or more service connections. Many commercial facilities in suburban and rural communities serviced by their own wells meet the definition of Public Water Systems. Regardless of whether a food and beverage manufacturing facility qualifies as a Public Water System or is a public water utility customer, the potential risks associated with PFAS in drinking water&#;either as an ingredient or a processing input&#;can be significant.

Additionally, EPA recently designated PFOA and PFOS as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or &#;Superfund&#;). This designation will be impactful for PFAS releases to soil and/or groundwater and, by extension, transactional due diligence to understand such risks.

Aftermath: Recalls and Litigation 

Since state bans on intentionally added PFAS in food packaging have continued to roll out since the end of , and as public awareness of the potential effects of PFAS on the food supply has increased generally, several food and beverage businesses have been put in challenging positions, often in a high-profile way. 

After New York's and California's bans went into effect last year, a well-known butter brand was temporarily pulled from store shelves. The voluntary recall lasted about two months until the company could confirm compliance with the applicable state packaging laws. Despite the recall, or perhaps because of it, the company became the subject to a class action lawsuit alleging it falsely marketed its butter as pure, even though it may have contained synthetic PFAS.  

In recent years, concerned citizens and consumer protection groups have taken action against fast food chains, grocery stores, and consumer packaged goods companies, filing lawsuits alleging false or misleading advertising, product liability, product safety, failure to warn, and more.  

After the Consumer Reports study1 was published, many of the companies were hit with separate class actions alleging they misled customers by failing to disclose the potential presence of PFAS in its food packaging, making the food unfit for consumption, with one plaintiff even relying on filings with the U.S. Securities and Exchange Commission highlighting the defendant company's efforts regarding food safety. 

The growing threat of litigation is not just a problem for fast food companies. A class action against a national fast casual chain alleged that the company uses paper-based packaging containing PFAS and its grain and salad bowls are unfit for consumption, while another class action against one of the nation's largest grocery chains alleged that the company's disposable plates and bowls are falsely marketed as compostable when they actually contain synthetic PFAS that cannot break down.  

Some lawsuits are targeting ingredient lists, as well. Relying on the potential for PFAS to leach from food packaging into the food, plaintiffs have brought class actions against a microwave popcorn company alleging that labeling the products as "natural" is false or misleading marketing. Several beverage manufacturers are also facing separate lawsuits for allegedly falsely marketing drinks as natural, organic, or 100 percent fruit juice because PFAS have been detected in the beverage but not listed on its label. 

These cases highlight the risk of overclaiming or greenwashing the product's purity on a label where the product does, in fact, contain detectable levels of PFAS, be it from the ingredients themselves or the packaging material.  

"PFail" to Plan, Plan to "PFail" 

Food and beverage businesses of any size and their suppliers, especially those with multi-state footprints, should be aggressively proactive in identifying and assessing the potential risks and liabilities PFAS may pose to their past, current, and future operations. In light of the ever-evolving legal maze and scientific uncertainty, companies would benefit from engaging a coordinated legal and technical advisory team to develop a PFAS risk management plan to guide a path forward to avoid likely pitfalls.  

A risk management plan could involve the following best practices: 

  • Monitor federal and state legal, regulatory, and technical PFAS developments. 
  • Conduct a "farm-to-fridge" product lifecycle assessment to identify potential avenues through which PFAS may enter the production process, including water supplies and processing materials. Assess supply chains and food packaging by gathering more information on what types of PFAS and to what extent PFAS may be present by reviewing Material Safety Data Sheets. 
  • Request formal compliance assurance letters from upstream packaging suppliers to confirm whether their packaging contains intentionally added PFAS, which can provide access to "Safe Harbor" provisions under some state laws. Expect to be asked for similar assurances from downstream customers, vendors, and retailers. 
  • Given the haphazard landscape of PFAS regulation and nascent analytical methods, coordinate with experienced environmental consultants and seek the protection of attorney-client privilege when considering voluntarily testing products, packaging, or properties for PFAS.  
  • Evaluate non-PFAS alternative supplies and develop phase-out timelines, as necessary. 
  • Coordinate with an experienced broker and legal team to negotiate tailored insurance that may provide coverage for PFAS-related damages, and conduct an archeological dig on historical insurance policies to determine what coverage may be available for actual or potential PFAS claims associated with prior operations or properties. 
  • Prepare communications holding statements to stakeholders such as suppliers, distributors, and customers for potential PFAS public relations issues. 

As PFAS risks become more understood, regulations more robust across jurisdictions, and litigation more common, it is critical that food and beverage companies proactively evaluate their operations and supply chains to understand their specific PFAS risks, including in the ingredients, food packaging, or even waste streams. They should also engage proactive and coordinated legal and technical advisors and develop a thoughtful risk management plan to identify, mitigate, and manage PFAS risks associated with past, present, and future operations. To take poetic license with an old axiom, the bottom line for PFAS is: "If you PFail to plan, plan to PFail." 

References

  1. Loria, K. "Dangerous PFAS Chemicals Are in Your Food Packaging." Consumer Reports. March 24, . https://www.consumerreports.org/health/food-contaminants/dangerous-pfas-chemicals-are-in-your-food-packaging-a/.

Alfredo Fernández, Esq., Partner, and Tyler Archer, Esq., Associate, are members of the Environmental, Health, and Safety practice group at Shipman & Goodwin LLP, which assists manufacturers, distributors, retailers, and other businesses with PFAS and other environmental issues in connection with real estate and corporate transactions, risk management, regulatory compliance, and enforcement matters. Mr. Fernández leads the firm's Manufacturing Industry Team, and Mr. Archer leads the firm's Food and Beverage Industry Team. 

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