Eurofins | July 2019 regulatory Newsflash compilation | Food contact materials

Europe

New initiative for heavy metals in ceramic, glass and enamelled table and kitchenware

On 29^th May 2019, the European Commission published a roadmap for the following initiative:

•  Food safety – heavy metals in ceramic, glass and enameled table and kitchenware.

The aim of this initiative is to fix lower limits for lead and cadmium and possibly set limits for other metals. It also aims to align EU law on vitreous materials, i.e. on glass and enameled metals.

The feedback period was open until June 26^th and the public consultation will be planned for the second quarter of 2019.

France

Update on food contact organic materials based on vegetable fibers

On 29^th April 2019, Direction Générale de la Concurrence, de la Consommation et de la Répression des Frauds (DGCCRF) published the update of Food Contact Materials Sheet  MCDA n ° 4 (V02 - 01/01/2019) “Suitability for food contact of organic materials based on vegetable fibers” (which includes “Paper and Paperboard”).

Wood and cork do not fall within the scope of this methodological document.

Click here for getting the DGCCRF publication (in French).

US

Bills on single-use packaging and PFAs

Currently, several States in the US have introduced different bills with the aim to minimize the use of single-use packaging and products and to prohibit the addition of phthalates and perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food contact materials.

Below a summary table with some of these relevant bills:

Additionally, the Act H.R. 2827 (“Keep Food Containers Safe from PFAS Act of 2019”) has been recently introduced in the US House of Representatives with the aim to amend the Federal Food, Drug and Cosmetic Act in order to deem any perfluoroalkyl or polyfluoroalkyl substance (PFAS) used as food contact substance to be unsafe.

For more information about the PFA substances and their potential dietary exposure, visit the U.S. Food and Drug Administration (FDA) website.

US | Maine

Maine Passes an Act on PFAS, phthalates in food packaging

On June 13, 2019, Maine’s governor signed LD1433 (HP 1043) into law which aims to prohibit unnecessary addition of PFAS and phthalates in food packaging.

From January 1, 2022, food packaging that contain inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers or any other additives to which phthalates have been intentionally introduced in any amount greater than an incidental presence may not be allowed for sale in the State. This act also bans the sale of such packaging to which PFAS have been intentionally added.

For more information please click here.

US | Washington

New requirements for environmental marketing claims

On 7^th May 2019, the governor of Washington signed the bill HB1569 on environmental marketing claims for plastic products (degradability of products).

Plastic product that is labeled as "biodegradable”, "degradable", "decomposable", "oxo-degradable", or any similar form, must comply with the following requirements:

• Meet ASTM standard specification D6400 or D6868.
• Be comprised of wood, which includes renewable wood, or fiber-based substrate only.
• Meet Federal Trade Commission (FTC) green guide labeling requirements.
• Be labeled with a logo indicating a third party has certified that the product complies with ASTM specifications.

It will become effective on 1^st July 2020.

China

Comments request on 26 National Food Safety Standards Draft

On 22^nd May 2019, the Chinese National Health and Wellness Commission Office opened a public consultation about 26 national food safety standards drafts.

Within these 26 drafts, the following ones related to food contact materials are the most relevant:

• National Standards for Food Safety Adhesives for Food Contact Materials and Products.
• National Food Safety Standards Determination of migration of 4,4- sulfonyl diphenols in food contact materials and products.
• National Food Safety Standards Determination of migration of N- nitrosamines in food contact materials and products.
• National Food Safety Standards Food Contact Materials and Products Determination of the migration of aromatic primary amines.
• National Food Safety Standards Food Contact Materials and Products Determination of Nonylphenol Migration.
• National Food Safety Standards Food Contact Materials and Products Determination of Nonylphenol Migration.

International

Publications in the Series on the Safety of Manufactured Nanomaterials

In May 2019, the Organisation for Economic Co-operation and Development (OECD) published the following reports as part of its Series on the Safety of Manufactured Nanomaterials:

• No. 91 - Guiding Principles for Measurements and Reporting for Nanomaterials: Physical Chemical Parameters.
• No. 90 - Physical-Chemical Decision Framework to inform Decisions for Risk Assessment of Manufactured Nanomaterials.
  
• No. 89 - Developments in Delegations on the Safety of Manufactured Nanomaterials - Tour de Table.

The aim of these documents is to identify the best parameters and methods for analyzing and getting physicochemical information on specific nanomaterials.

Regulatory updates

Below a summary table with some recent regulation proposals notified to World Trade Organization: