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”).

NVC members receive this information with all the relevant links in the monthly NVC Members-only Update. If you have any questions, please contact us:, +31-(0)182-512411