Food legislation and food safety – August 2023

04 September 2023

Food Contact Materials (FCMs) – rules and regulations in the EU
On 11 July 2023, EU Regulation 2023/1442 was published amending EU Regulation 10/2011 on plastic FCMs. FPF gives an overview of this 16th amendment.
Keller and Heckman reports that the EC hosted a webinar (presentation, 2.06 MB) in July to outline what may be included in forthcoming BPA legislation. The EC also published a supplemental Q&A (326 kB).
The EC has published a report on the consultation for the revision of EU rules on FCMs.
A recent report (2.33 MB) by ZWE reviews shortcomings in current EU regulations concerning chemicals in FCMs and urges for more effective measures.
Greece: Draft legislation on paper and board FCMs has been sent to the EC.

Food Contact Materials (FCMs) – rules and regulations outside the EU
China: Keller and Heckman reports that the government has approved expanded usage for two FCMs and one new resin. Keller and Heckman also reports that the CFSA is requesting comments on a new resin, a new additive and expanded usage for two FCMs.
US: Keller and Heckman reports that the FDA has added three new entries to its Inventory of Effective Food Contact Substances (FCS) Notifications.
The FDA has denied a citizen petition requesting that it reconsider its May 2022 denial of a citizen petition that requested a ban on phthalates in certain FCMs.
Maine: SGS reports that the government has initiated a consultation for its proposal to prohibit nine types of paper and board food packaging that contain intentionally added PFAS.
Rhode Island: Keller and Heckman reports that bill 2023-S0724 (130 kB) has been passed, postponing the ban on PFAS in food packaging from 1 January 2024 until 1 July 2024.

Claims, marking and labelling
The WHO has released a new guideline (1.01 MB) on policies to protect children from the harmful impact of food marketing.
EU: In April 2023, the EC proposed a revision of the 'breakfast' directives. Recently the EP published a briefing (1.18 MB) on the proposed revision.
The EC reports that the share of EU food products bearing the same or a similar packaging but having different composition (dual quality) has declined. While these products accounted for a 31% share of the tested samples back in 2018/2019, in 2021 their share dropped to 24% according to the JRC research.
NL: Foodwatch (in Dutch) has found 33 food packages featuring well-known child idols in (web) shops and filed complaints with the NL Advertising Code Committee about them.
UK: The government has launched a consultation on nutrition and health claims on food and drink.
US: The FDA has published new FAQs and additional tools to provide industry with more information about the FSMA Food Traceability Rule.

Research on labeling
According to a new Martin Luther University Halle-Wittenberg study, consumers falsely believe that low fat also means less sugar.
Researchers at The Ohio State University found that 50% of study participants declared their intent to throw away milk based on the date stamped on the container – without ever even looking at the label phrasing in front of the date (“Sell by,” “Best if used by” or “Use by”).
 

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