Food Contact Materials | Monthly bulletin | May 2020

Eurofins newsflash Food Contact Materials

Regulatory news

Europe

Technical publications

Please find below a table summarising the most recent technical publications on food contact materials (non-exhaustive):

Date

Countries

Entity

Title

24/03/2020

Europe

European Centre for Ecotoxicology and Toxicology of Chemicals (ECETOC)

Applicability of Analytical Tools, Test Methods and Models for Polymer Risk Assessment

The second report of the ECETOC trilogy on polymer safety assessment looks at analytical tools, methods and models

17/02/2020

Holland

Dutch National Institute for Public Health and the Environment (RIVM)

Plastic Pact Nederland : de Monitor Nulmeting (2017-2018)

This is the first report which outlines recycling potential and the use of recycled plastics in the years 2017 and 2018. These findings will serve as the baseline measurements from which the Dutch plastic pact’s goals, to be achieved by the year 2025, will be set

The use of PFAS in food packaging and containers

Currently the concern about per- and polyfluoroalkyl substances (PFAS) continues to grow due, in part, to their prevalence in the environment. In U.S., several states have taken actions to limit or ban their use often in food packaging. Please find below a table summarising bills introduced or progressed since the beginning of the year in relation to PFAS.

State	Bill code	Title	Description
Arizona	SB 1468	Food Packaging: Prohibitions	Prohibits the manufacture and sale of food packaging containing PFAS and/or phthalates. It would be effective January 1, 2023
Connecticut	H.B. 5291	An Act Limiting the Use of Perfluoroalkyl and Polyfluoroalkyl Substances and Expanded Polystyrene in Food Packaging	Prohibits the manufacture and sale of food packaging containing PFAS if reasonable alternatives exist. It would be effective January 2022
Illinois	SB 3154	PFAS Reduction Act	Prohibits manufacture and sale of firefighting foam containing PFAS, prohibits use of PFAS foam for training purposes, prohibits the manufacture and sale of food packaging containing PFAS. It would be effective January 1, 2021
New Hampshire	HB 1425		Requires removal of all containers containing PFAS from schools and hospitals
Massachusetts	HD 3839	An Act to Ban the Use of PFAS in Food Packaging	The legislation would ban the manufacture and sale of food packaging to which PFASs had been intentionally added in any amount
Minnesota	SF 3225	Perfluoroalkyl substances (PFAS) use in food packaging regulation	Prohibits the manufacture and sale of food packaging containing PFAS. It would be effective January 1, 2021
New Jersey	A3350	An Act concerning the use of perfluoroalkyl and polyfluoroalkyl substances in food packaging	Food packaging containing a PFAS chemical would be banned 18 months after DEP determines that a safer alternative is available and publishes its findings in the New Jersey Register
New York	S2000B	An Act to amend the environmental conservation law, in relation to the use of perfluoroalkyl and polyfluoroalkyl substances in food packaging	It would be effective December 31, 2021
Rhode Island	H 7307	An Act Relating to Health and Safety – PFAS in Food Packaging	Prohibits the use of PFAS in food packaging materials. It would be effective January 1, 2021
Virginia	HB 1712	Food Packaging; PFAS chemicals, penalty	Prohibits the sale of food packaging containing PFAS
Wisconsin	AB 952	An Act relating to regulating certain chemicals in food packaging	Prohibits the manufacture and sale of food packaging containing PFAS if reasonable alternatives exist. It would be effective January 1, 2023
Others
Bill code		Title	Description
S.3227		Prevent Future American Sickness Act	It includes bans on use of PFAS in food packaging and containers. It would become effective January 1, 2022
S.1790		National Defense Authorization Act for Fiscal Year 2020	It prohibits the use of PFAS in food packaging for military ready-to-eat meals (MREs) after October 1, 2021

Mexico

New standard for cookware with non-stick coating

On 11^th March 2020, The Secretary of Economy of Mexico published a mandatory standard for cookware with non-stick coating (NOM-225-SCFI-2019). It shall come into effect on 7^th September 2020. The main points include:

Scope

It establishes the minimum safety specifications and test methods for utensils that use non-stick coating that is in contact with food and intended for the preparation of food and which are made of aluminum, steel, stainless steel, iron, ceramic, glass or any other material, derived from materials outlined in this list

Exceptions

Accessories with non-stick coating whose main function is not cooking, frying and/or heating

Specifications

Material: Must not cause contamination of food
Nominal capacity no more than 5% less than the labelled value, or nominal diameter within ± 6 mm difference than value labelled
Knobs, handles and grips provided
Handle and grip materials extinguishable within 30 seconds
Heavy metal content of food contact materials: Lead ≤ 0.05% and cadmium ≤ 0.01%
Burnt food not adhering to non-stick coating
Having non-stick coating of at least 15 µm thick
Strong adherence of non-stick coating to the substrate; temperature of grips and handles not exceeding 55°C
Abrasion: Non-stick coating not eroding more than 35%
Thickness of substrate matches declared value

Commercial information

Requirements for labelling, instructions for use and warranty.

Conformity Assessment Procedure (PEC)

PEC will be carried out by the General Directorate of Standards and, where appropriate, by accredited and approved certification bodies in said regulation, in accordance with the provisions of the Federal Law on Metrology and Standardization, and its Regulation and according to one of the following models:

Model	Description
I	Certification, verification and monitoring through periodic tests. Validity: One year from date of issue
II	Certification and verification and monitoring through the quality control system of the production line Validity: Three years from date of issue
III	Certification by batch Validity shall cover the specified quantity of the batch of products only

International

Regulatory proposals notified to WTO

Please see the below table summarising the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number

Countries

Title

G/TBT/N/CHN/1406

China

National Standard of the P.R.C., Beer bottles

This standard specifies the terms and definitions, product classification, requirements, test methods, inspection rules, marks, packaging, transportation and storage of glass beer bottles. This standard is applicable to glass bottles containing beer

Product Recalls / Alerts

Below you will find a monthly summary table of product recalls and alerts in Europe (Source “RASFF”) and in the US (Source “CPSC”).

Europe

RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities).

The following 7 alerts regarding Food Contact Materials were reported from the 16^th March 2020 to 15^th April 2020.

Product	Substance / Hazard
Melamine plates	Migration of formaldehyde (42.8 mg/kg - ppm)	Details
Drinking cups and plates	Migration of melamine (2.1; 5 mg/l)	Details
Kitchen set	Migration of melamine (3.81 mg/kg - ppm)	Details
Melamine bowls	Migration of melamine (3.02 mg/kg - ppm)	Details
Kitchen pots with lid	Migration of nickel (0.137 mg/kg - ppm)	Details
Teflon coated carbon steel baking trays	Migration of iron (590,8 mg/kg - ppm) and of manganese (1,13 mg/kg - ppm) and too high level of overall migration (285 mg/dm²)	Details
Cups	Attempt to illegally import cups made from a mix of bamboo fibers, melamine and maize starch	Details

From the 16^th February 2020 to the 15^th March 2020, the CPSC (Consumer Product Safety Commission) published the following recalls: 1 recall regarding Food Contact Materials.

Type of Risk	Countries	Notes
Laceration	1	Glass Pitchers with Wood Lid: The handle on the pitcher can break