An important role in the food chain, food contact materials are used in various links in food production, such as packaging, storage, and transportation. Food containers and packaging materials in food contact materials have a dual meaning in terms of food safety: on the one hand, they stand for suitable packaging methods and packaging materials which can protect food from environmental pollution and keep the food’s moisture and quality characteristics unchanged; on the other hand, the chemical components contained in the packaging may migrate into food. If the amount of migration exceeds a certain value, it can affect food safety. Countries around the world attach great importance to the quality and safety of food contact materials through the development and regular improvement of regulations, relevant quality and safety standards, testing technologies to ensure the quality and safety of food contact materials.

Compliance Review

“Company X” fined over a million yuan for fresh squeezed orange juice vending machine that fails to meet standards

In January 2019, a Company that we will call “Company X”of freshly squeezed orange juice vending machines, was penalized as metal parts on the food contact surface that would come into contact with orange juice (acidic food) were no coated with organic coating. This machine thus failed to meet GB 4806.9-2016 National Food Safety Standard-Metal Materials and Articles for Food Contact Use. In accordance with the provision of the Food Safety Law of the People’s Republic of China, the Shenzhen Municipal Bureau of Market Inspection confiscated 1,190,070 RMB of illegal income.

EU Revises Plastics Regulations Twice in 2019

On January 11, 2019, the European Commission issued the Twelfth amendment to the EU Plastic Regulation (EU) － Regulation 10/2011, adding several new substances to the list of chemical substances that can be used in food contact materials (also known as the Positive list or Union list ). Some original substances in the positive list have been revised, and simulants for the total dairy product migration test have been specified.

On August 8, 2019, the European Commission issued the 13th revision of the EU Plastics Regulation (EU) － Regulation 10/2011, targeting the use of the substance poly ((R) -3-hydroxybutyrate-co- (R)- 3-hydroxyhexanoate) (FCM substance No 1059, CAS number 147398-31-0). Following the revision, the substance can only be used either alone or blended with other polymers in contact with all foods under contact conditions at room temperature or below (including hot fill or a short heating up phase), and it can only be used alone or with other polymers of up to 6 months and/or 6 months and more. The migration of all oligomers with a molecular weight below 1000 Da must not be over 5.0 mg/kg of food.

China’s ” Measures for the Quality and Safety Supervision and Management of Food Related Products ” Project was Established

On February 3, 2019, the State Administration for Market Regulation( SAMR) announced the Notice of the State Administration for Market Regulation’s 2019 Legislative Work Plan. Among them, for the purpose of strengthening product quality and safety supervision, it has proposed to formulate “Measures for the Quality and Safety Supervision and Management of Food Related Products”. This decision indicates the SAMR’s role on the supervision on food-related products will become more stringent.

France Amends Regulations on Rubber Materials Intended to Come in Contact with Foodstuffs and Pacifiers for Infants.

On February 19, 2019, France notified the European Commission of its plan to amend the regulations for rubber food contact materials and baby pacifiers, including updating the lists of authorized components as well as the restrictions and specifications applicable to these components; adapt the methods used to verify the conformity of rubber materials and articles; specify the obligations related to technical documents and provide a model for the declaration of conformity. These amendments came into effect on July 1, 2019.

New York State Bans Disposable Plastic Bags from March 1, 2020

On April 22, 2019, new legislation was enacted to ban disposable plastic bags in New York. The ban will take effect on March 1, 2020. New York is the third state in the U.S. to ban disposable plastic bags after California and Hawaii.

U.S. FDA Releases FCN Notification Guidelines for Infant Food

On May 8, 2019, the FDA released the “Guidance on Food Contact Substances for Use with Infant Formula and/
or Human Milk” to assist manufacturers or suppliers in submitting FCNs in the safety assessment of substances that are intended for use in contact with infant formula and/or human milk, this document is suitable for packaging of liquid (concentrated and ready-to-consume) and powder formula, baby bottles, stoppers, pacifiers, and any other materials that are in contact with baby food.

China Draft the National Food Safety Standard “Oxides Based Transparent Barrier Plastic Laminated Films and Pouches for Food Packaging”

On March 25, 2019, the National Technical Committee for Standardization of Food Contact Materials and Products issued the oxides based transparent barrier plastic laminated films and pouches for food packaging (Draft). This draft fills the blank of the national standard of transparent high barrier composite film bags for food packaging, stipulating the classification, requirements, test methods, inspection rules, packaging, labelling, transportation and storage of oxide barrier transparent plastic composite films and bags for food packaging.

China’s First published “Adhesives for Food Contact Materials and Products (Consultation Draft)”

On May 22, 2019, the National Health Commission issued the Food Safety National Standard Adhesives for Use in Food-Contact Materials and Articles (Consultation Draft). Work on the standard began in June 2014 and its scope, definition, product classification, basic requirements, technical requirements and other requirements of food contact adhesives were specified over the past five years. Annex A lists 68 permitted food contact materials and adhesives for products, and Annex B lists 236 substances for indirect food-contact adhesives.

EU Considers Lowering Limits for Migration of Heavy Metals in Ceramic, Glass and Enamel FCM

On May 29, 2019, the European Commission (EC) published a roadmap to reduce the migration limit of heavy metals in ceramic, glass and enamel food contact materials. In 1984, the European Union issued a ceramic product resolution 84/500 / EEC, which established a migration limit of 1.5 ~ 4mg / L for heavy metals and 0.1 ~ 0.3mg / L for heavy metals based on the different types of containers. However, from 2009 to 2010, the European Food Safety Authority (EFSA) proposed a new Scientific opinion on the health implications of lead and cadmium in food, and some EU member states also considered that existing migration restrictions were insufficient to protect consumers. The European Commission therefore proposed this initiative to protect overall consumer health.

China Establishes Standard “ Rubber Materials and Products for Food Contact Use”

On 12th of August, 2019, the National Health Commission of the People’s Republic of China issued a notice on the establishment of the national food safety standard, including the standards of the Rubber Materials and Products for Food Contact Use. Currently, GB 4806.11-2016 National Food Safety Standard for Rubber Materials and Products for Food Contact Use is applicable to these materials, but in the future China will separately manage rubber materials and its products for food contact use.