Food legislation and food safety – May 2022

03 June 2022

Food Contact Materials (FCMs) – rules and regulations
China: Keller and Heckman reports that the CFSA is requesting comments on two new resins and expanded use for one FCM. EU: Feedback from two public consultations has helped EFSA prioritise reassessments of plasticiser substances used in FCMs and define a protocol for assessing consumer exposure. In a call for collection of data, EFSA invites stakeholders to submit data on migration or occurrence of plasticisers (phthalates, structurally similar substances and replacement substances) in FCMs. In a whitepaper that you can download after filling in your details, Intertek experts discuss NIAS screening for food packaging containing post-consumer recycled (PCR) materials. France: Legislation specifying the substances contained in mineral oils prohibited for use in packaging as of 1 January 2023 has been published (in French, 631 kB) in the OJ. Germany: Keller and Heckman reports that the BfR has updated a number of Food-Contact Recommendations. Japan: Keller and Heckman reports that Japan has proposed a reorganisation of the Positive Lists for synthetic resins for FCMs. NL: In December 2021, a draft regulation on banning PFAS in food packaging were sent to the EC and on 29 April 2022, the final regulation was published (in Dutch) in the OJ. The regulation enters into force on 1 July 2022. US: Keller and Heckman reports that the FDA has added eleven new entries to its Inventory of Effective Food Contact Substances (FCS) Notifications. Keller and Heckman also reports that the court has ruled in the FDA’s favour over the use of perchlorate in food packaging. In 2014, the NRDC and other nongovernmental groups petitioned FDA to ban the use of perchlorate in FCMs. SGS reports that SB 273 has been signed into law prohibiting food packaging in Maryland that contains intentionally added PFAS.

Food Contact Materials (FCMs) – research
NIST research published (abstract) in Environmental Science & Technology has found that nylon cooking bags and plastic-lined cups can release nanoparticles into liquids. University of Birmingham research (3.18 MB) published in Current Research in Food Science, discusses the safety of nanomaterials in food production and packaging.
In a recent article FPF discusses four studies on BPA exposure and the effects on health.

Claims, marking and labelling – rules and regulations
Australia and New Zealand: FSANZ has prepared Proposal P1059 – Energy labelling on alcoholic beverages to change the Food Standards Code to provide energy labelling information on alcoholic beverages. EU: The proposal for a legislative framework for sustainable food systems (FSFS) is one of the flagship initiatives of the Farm to Fork Strategy. The EC recently opened a consultation on the sustainability labelling framework that will be part of the FSFS. The EC is planning to establish nutrient profiles; maximum amounts for nutrients such as fat, sugar and/or salt in foods, above which the use of nutrition or health claims would be restricted or forbidden. Recently the EP published a briefing (419 kB) and EFSA published a scientific advice on the subject. France: Draft legislation on the procedures for informing consumers of the consumable nature of foodstuffs after their minimum durability date has been sent to the EC. NL: A motion (in Dutch) has been passed in the Dutch House asking for a less stringent implementation of the regulations concerning the labelling of organic products. In 2021, 21% of the turnover of foodstuffs in Dutch supermarkets was achieved by products with an independent sustainability label. This is shown by the latest figures from IRI’s (in Dutch) retail sustainability label monitor (in Dutch, 1.11 MB).

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