A brief introduction to EU Food Contact Legislation

• The EU Framework Regulation 1935/2004
  • How it sets the scene for harmonised EU legislation such as EU Regulation 10/2011 on plastics in contact with food.
  • Unexpected consequences; the NIAS concept
  • Non-harmonised food contact materials.

A brief introduction to US Food Contact: Everyday Considerations vs. The Occasional

• Everyday:
  • Product stewardship
  • New public attention leading to pressures from regulators – federal and state – and consumers
• The Occasional:
  • Legal framework for clearances of new uses

Dr. Alistair Irvine | Principal Technical Specialist, Food Contact Testing, Material Science and Engineering, Smithers
Eric Greenberg | Principal Attorney, Eric F. Greenberg P.C.

The Federal Food, Drug, and Cosmetic Act requires pre-market authorization for all food additives, including those that are used in contact with food. FDA evaluates market and scientific information to determine safety-based decisions for a specific food contact substance based on its intended use during the review of Food Contact Substance Notification (FCN) submissions. In addition, FDA reevaluates food contact substances when safety questions arise, or additional scientific data becomes available post-authorization. This presentation will focus on additional regulatory updates from FDA pertaining to the food contact substance notification program.
Dr. Sharon Koh-Fallet | Branch Chief, Regulatory Branch, Division of Food Contact Substances, U.S. Food and Drug Administration

Food-Contact Substance Notifications (FCN) are a helpful replacement for Food Additive Petitions (FAP) to establish formal FDA approval of food-contact substances. Instead of several years to issue a food additive regulation, an FCN becomes effective in 120 days from filing unless FDA objects on safety grounds.
 
An FCN is not the only path to establish FDA compliance of food-contact substances. FCNs are required only for food-contact substances that are food additives. The legal definition of food additive is a substance that is reasonably expected to become a component of food when used as intended.
 
If a food-contact substance is not reasonably expected to become a component of food from its intended use, it is not a food additive and may be used without an FCN. If migration testing or calculations show no detectable migration with an appropriate level of analytical sensitivity, the food-contact substance is not a food additive. Companies make this determination on their own, without going to FDA. The approach can be used alone or in combination with an FCN to get on the market while an FCN is pending.
 
There are also other options to establish FDA compliance for a food-contact substance without an FCN: (1) establishing that the substance is Generally Recognized as Safe (GRAS); (2) finding that the substance is Prior Sanctioned (approved by FDA or USDA before 1958); (3) applying the “Housewares Exemption” (a component of articles sold empty (not containing food) for use in the home or food-service establishments); and (4) using the “Basic Resin Doctrine” (a company may change the manufacturing process to use a different catalyst or other reaction control agent without FDA approval).
Ralph A. Simmons | Of Counsel, Foster Garvey

Navigating the growing number of state laws restricting the use of PFAS in food packaging presents one of the biggest challenges that suppliers and users of food packaging materials currently face.  It is critical to understand the specific language of each state law, including the definitions of “food packaging” that fall within the scope of the various laws, and to understand what constitutes “intentional” addition or introduction of PFAS into a food packaging material.  This presentation will provide an up-to-date overview of the dynamic landscape of PFAS legislation affecting food packaging in the United States, and will compare and contrast the provisions of the state laws that currently are in effect.
Joan Sylvain Baughan | Partner, Steptoe & Johnson LLP.

• EU Regulation 10/2011 – The Plastics Implementing Measure
  • Recent and upcoming amendments to EU Regulation 10/2011
• BPA Update
• The European Commission Review of Food Contact Legislation
  • What direction could EU Regulation take next?

Dr. Alistair Irvine | Principal Technical Specialist, Food Contact Testing, Material Science and Engineering, Smithers

With the increased usage of take-out and food delivery, an ever-increasing environmentally conscious consumer, the requirements of keeping food items safe, then add in brand sustainability goals and you get the demand for the ability to recover foodservice packaging. It is difficult for a single organization to solve this equation and it puts pressure on all stakeholders in the circular economy – manufacturers, operators, consumers, communities, haulers, material recycling facilities, and processors – to take action. That is where working together, collaborating, can develop a better plan forward and make a larger impact across regions. Join the discussion with the Foodservice Packaging Institute (FPI), an association dedicated to the responsible use and recovery of foodservice packaging. Gain insights and knowledge on how to conduct valuable research, identify operational best practices, and support engagement with various stakeholders.
Ashley Elzinga | Director of Sustainability & Outreach, Foodservice Packaging Institute

Kraton’s Styrenic Block Copolymers (SBC) are thermoplastic elastomers used extensively to modify polyolefins to enhance performance in flexible and rigid food packaging with improved durability and optics, and provide a balance between heat seal strength, impact performance, and processing. SBCs offer a holistic approach to product lifecycle by enabling design for recyclability, light-weighting, maximization of recycled content in the product design while preserving packaging performance.
Aparajita Bhattacharya | Staff Scientist, Kraton Corporation

Consumer confusion around recycling requires more transparent and straightforward information regarding recycling. The patchwork US recycling system creates high variability across what is accepted for recycling locally. Nearly eighty percent of consumers look to labels for recycling information, and yet sixty percent are confused about how and what to recycle. Learn more about the nuances of communicating effectively about recyclability, and the new partnerships, technologies, and solutions putting localized recycling information into the hands of consumers. Explore case study examples and details of The Recycling Partnership’s newly launched Recycle Check, a label that dynamically evolves to provide consumers up-to-date information amid the changing policies and the national recycling landscape.
Whitney M. Webber | Recyclability Solutions Director, The Recycling Partnership

The focus on a robust food safety culture and management system in the Supply Chain is often rare. Distribution, the space between manufacturing and end consumer, is normally viewed as a box-in, box-out operation and while the awareness that the boxes being transported contain food intended for human consumption exists, the food safety culture to ensure the process by which they reach the end consumer is often lacking. This talk will explore how the lack of food safety culture in the supply chain can be changed to ensure foods reaching our end consumers are maintained in a food safe environment driven by a robust food safety culture and management system.
Catherine Cosby | Director Food Safety and Regulatory Compliance, Kroger

With the growing interest in companies trying to meet their sustainability goals, the use of recycled materials in the last few years has been growing drastically globally. With that growth in the use of recycled materials, it is critical to ensure the safe use and meet government regulations of these materials in the use in the packaging industry. This presentation will address how the whole supply chain of the food and food packaging industry can meet these requirements.
Naeem H. Mady, MSc. | Vice President, Regulatory Market Access, Intertek Assuris

This presentation will provide an overview of the testing procedure used to receive a Letter of No Objection from the FDA for post-consumer recycled plastic. It will provide the resultant levels of surrogate contamination from multiple studies using HDPE, PP, 50:50 HDPE:PP, and PET. Some observations on the chemical stability of cleaned materials will be presented.
Roger Pearson, PhD | President Analytical Services, Aspen Research Corporation