Forever Chemicals

Effects of ‘forever chemicals’ on agriculture topic of Oct. 18 NALC webinar

By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — Per- and polyfluoroalkyl substances, or PFAS, are chemicals once widely used in food packaging, stain repellants for clothing, as well as automotive and aerospace applications. In recent years, PFAS have become better known for presenting an array of regulatory and environmental challenges for agriculture.

OFW Law Associate Kyla Kaplan, Roux Principal Ryan Stifter and Roux Principal Engineer Chase Gerbig will present the National Agricultural Law Center webinar on Oct. 18, highlighting challenges faced by agriculture due to PFAS contamination. NALC Staff Attorney Brigit Rollins will moderate.

Because their extremely strong molecular bonds keep them from breaking down easily, PFAS are often called “forever chemicals.” A 2015 report from the Centers for Disease Control and Prevention said PFAS could be found in the blood of 97 percent of Americans. According to the Environmental Protection Agency, their effects on health and the environment aren’t fully known.

PFAS contamination has hurt or closed scores of farms in Colorado, Maine, Michigan, and New Mexico.

In use since the 1950s, the Food and Drug Administration phased out use of PFAS for food packaging in 2016.

Since then, “various state and federal agencies have taken action to address PFAS,” OFW Law Associate Kyla Kaplan said. “It is important to understand the potential impacts of PFAS regulations on food manufacturers and farmers.”

Kaplan, Roux Principal Ryan Stifter and Roux Principal Engineer Chase Gerbig will discuss PFAS during NALC’s webinar, “Not Your Grandfather’s Corn Maze – Regulatory and Legal Responses to Challenges Faced by Agriculture Due to PFAS Contamination.” The webinar will be at 11 a.m. Central/noon Eastern on Wednesday, Oct. 18.

The speakers will cover:

  • The basic chemistry of PFAS and how it intersects with agriculture

  • Regulatory compliance challenges

  • Types of PFAS litigation involving agriculture

  • Potential consequences of contamination for property owners

“PFAS are often found in the environment,” Kaplan said. “While the data regarding the health impacts of PFAS is inconsistent, it is crucial that agricultural producers are aware of these chemicals. I am looking forward to sharing this important information alongside a talented panel.”

NALC Staff Attorney Brigit Rollins, an expert in environmental law as it pertains to agriculture, will moderate the webinar.

“PFAS are a complex and always-changing topic,” Rollins said. “With the potential health risks and the possible impacts they have on agriculture, producers will benefit greatly from the information provided in this webinar.”

The webinar is free of charge and registration is online.

“We are thrilled to have Kyla, Ryan and Chase discuss PFAS during this webinar,” NALC Director Harrison Pittman said. “The topic of PFAS has had many recent developments, including new guidelines, legislation and studies, so the information provided will be extremely helpful to provide clarity on this issue.”

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