FDA Denies Petition to Set Temporary PFAS Food Tolerances
FDA denied a petition to set temporary PFAS tolerances in foods on June 17, 2026.
Why it matters: This decision impacts corporations and legal advisors handling environmental compliance and food safety litigation related to PFAS contamination in the food supply.
- FDA denied a November 1, 2023 petition requesting provisional PFAS limits at 0.05 ppb in foods like lettuce, milk, and salmon.
- The denial follows a U.S. District Court order from April 15, 2026, requiring FDA's final response by June 30, 2026.
- FDA cited evolving science and insufficient evidence to establish tolerances or action levels at this time.
- FDA clarified PFAS are considered contaminants, not additives, and thus not subject to zero-tolerance under the Delaney Clause.
On June 17, 2026, the FDA officially rejected a citizen petition filed November 1, 2023, by the Tucson Environmental Justice Task Force and others seeking to establish temporary tolerances for 30 PFAS compounds in foods including lettuce, blueberries, bread, milk, eggs, salmon, clams, corn silage, and corn snaplage.
The petition proposed setting limits at the method detection level of 0.05 micrograms per kilogram (0.05 ppb). However, the FDA stated that the science around PFAS detection, human exposure, and health effects is rapidly evolving, which currently prevents establishing reliable tolerances. The agency emphasized that it retains discretion under the Federal Food, Drug, and Cosmetic Act to determine when and if to set such limits.
The FDA's decision came after a U.S. District Court for Arizona order on April 15, 2026 mandated a final agency response by June 30, 2026. The FDA noted that it has not set broad PFAS regulatory limits in food previously because it only acts when it believes limits would be stable and unlikely to require significant future changes.
Notably, the FDA rejected petitioners' invocation of the Delaney Clause, explaining that PFAS are food contaminants rather than food additives, and therefore not subject to zero-tolerance requirements.
While denying the petition, the FDA affirmed its ongoing commitment to evaluate PFAS contamination levels in food products and may set action levels in appropriate cases based on developing science and risk assessments.
According to Sandra Daussin, attorney for the petitioners, "If it's important enough to regulate in water then we need to regulate it in food – that's a no-brainer," highlighting ongoing public pressure for regulatory clarity.
This regulatory stance leaves corporations and legal counsel navigating environmental compliance and product liability risks without new finalized PFAS food tolerances but with the understanding the FDA is monitoring developments closely.
By the numbers:
- 0.05 micrograms per kilogram (0.05 ppb) — proposed PFAS detection limit in petition
- November 1, 2023 — date petition was filed by citizen group
- June 17, 2026 — date FDA issued denial following court-ordered deadline
Yes, but: FDA retains authority to establish PFAS action levels in future based on evolving scientific evidence, so regulatory uncertainty remains.
What's next: FDA will continue assessing PFAS contamination and might set action levels for certain foods when sufficient evidence supports it.