Seven Ministries Launch Food Packaging Material Clean-up: Compliance Guide for China’s Packaging Industry

In 2009, as part of implementing China’s Food Safety Law, seven government departments issued a joint notice on June 5 (Wei Jian Du Fa [2009] No. 52) covering food packaging materials and the additives, monomers, resins, and coatings used in them. On November 6, the Ministry of Health, MIIT and five other ministries followed with the Notice on Carrying Out the Clean-up of Food Packaging Materials, launching a nationwide clean-up.

The clean-up is expected to move food packaging further onto a rules-based track and to curb toxic or harmful packaging and uncontrolled additive use. Government departments, food packaging and additive producers, and food companies are all expected to study and comply.

The key points and industry implications are summarized below.

1. Careful planning to guide industries and enterprises in the clean-up

Relevant departments should mobilize industries and companies to screen food packaging materials on the market that may harm human health under the Food Safety Law, and crack down on toxic or harmful substances, especially illegal use of waste materials to make food packaging and containers.

Using current food packaging material standards (133 national and 126 industry standards) and related rules, companies should proactively correct problems in production, operation and use; register substances considered safe but not yet listed in China’s standards and complete the “List of Proposed New Substances That May Be Used in Food Packaging Materials.” They should also gather overseas use information, standards, safety and risk assessment materials, and complete the application forms for new food-related product varieties and new resin varieties for food packaging materials.

Substances considered toxic or harmful should be entered on the “List of Substances Proposed to Be Prohibited for Use in Food Packaging Materials.”

Industry associations should promptly report toxic or harmful substance use, especially illegal use of waste materials to make food packaging and containers, urge companies to complete the “two lists” and application materials, and submit them to the Institute of Nutrition and Food Safety, Chinese Center for Disease Control and Prevention.

1. Scientific assessment and faster improvement of the standards system

The Ministry of Health, with relevant departments, should form an expert group to assess submissions, draft the “List of Substances That May Be Used in Food Packaging Materials” and the “List of Substances Prohibited for Use in Food Packaging Materials,” publish them in batches, and revise safety standards for food containers, packaging materials and their additives.

1. Stronger enforcement against illegal production and trade

Departments must perform their duties and tighten routine supervision; publish complaint hotlines or emails; encourage public reports on non-compliant production and use, especially waste-material-based food packaging; and follow leads to investigate and punish violations. They should coordinate, share information and form a joint regulatory force. Based on duties, complaints and past food safety monitoring leads, they should conduct targeted inspections through open and covert checks. Units or individuals that keep using listed substances to make or sell food packaging materials and containers after the prohibition list is published must be seriously punished under law.

1. In-depth analysis and a long-term supervision mechanism

Departments should implement State Council leaders’ instructions on addressing food safety systematically and orderly; summarize and classify supervision problems and identify causes; take effective measures for weak links, improve mechanisms and assign responsibilities; standardize routine supervision across production, circulation and catering consumption; strengthen safety assessment and rapid traceability, focus on source control, and raise regulatory and enforcement capacity. Industry authorities should further standardize management of food packaging material sectors and enterprises, guide better internal systems, integrity and self-discipline, promote healthy development and protect consumer health.

1. Food packaging enterprises should self-inspect soon and improve quality and safety management

Under the seven-department notice, authorities should urge producers of food-related products, especially food containers and packaging materials, to produce under current national food safety standards and related rules and to self-inspect. All producers must complete self-inspection and clean-up before June 1, 2010, and apply to the Ministry of Health for approval of food-related products and new varieties not included in national food safety standards. Authorities must crack down on toxic or harmful raw materials used illegally to make food containers and packaging materials. Industry associations should strengthen self-discipline, guidance and communication and organize self-inspection; regulators should guide, urge and assist.

(1) Key materials for new varieties of food-related products

New varieties of food-related products mainly include new packaging materials and containers for food; new tools and equipment for food production and operation; new additives for food containers, packaging materials, equipment and tools; new detergents for food; and new disinfectants for food. Required materials:

1. Application form for new varieties of food-related products;
2. Chemical property data;
3. Uses and conditions of use;
4. Production process;
5. Enterprise standards;
6. Toxicological data;
7. Approval and use in other countries and supporting documents;
8. Commissioned applications must include proof of agency;
9. Estimated dietary intake data (for new food packaging materials and containers);
10. Scope of use and use levels for additives in food packaging materials and containers and in food production or operation tools and equipment (for new additives in these areas);
11. Disinfection efficacy data (for new food disinfectants);
12. Other required materials.

Imported new varieties of food-related products also require:

1. Documents from the producing country or region government or recognized body permitting production and sale;
2. Certification or examination documents for the producer from the relevant body in the manufacturer’s country or region.

(2) Key materials for new resin varieties for food packaging materials

1. Applicant information
2. Resin identification
3. Resin specifications and restrictions
4. Resin specifications and restrictions
5. Toxicological review
6. Resin or molded-product restrictions
7. Analytical methods for resin properties
8. Overview of approvals in other countries
9. Applicant declaration
10. List of attachments
11. Clear lists for food packaging, containers, tools and additives by material; enterprises must match their products
12. China currently has 259 valid standards related to food packaging materials

The official catalogue covers plastics, paper, metal, glass, ceramics, rubber, bamboo, composites and other food packaging materials; it includes 133 national standards and 126 industry standards, covering essentially all materials used in food packaging.

For products not covered by standards, companies should apply under the “materials for new varieties of food-related products.” If approval is not granted, production must stop; before approval, companies may continue under existing standards and rules.

1. Additive use requirements for food containers and packaging materials

On September 9, 2008, the Ministry of Health and the Standardization Administration of China issued GB9685-2008, a mandatory national standard effective June 1, 2009. Approved additives expanded from 65 to 959; annexes list permitted additives, CAS numbers, scope, maximum use levels, SML or QM, and other restrictions.

The standard states that “substances not specified in the list must not be used to process food containers and packaging materials.” It applies to all producers, operators and users of additives for food containers and packaging materials, and clearly regulates plasticizers, toughening agents, curing agents, initiators, accelerators, anti-aging agents, flame retardants and related adhesives, inks and pigments in food-contact plastics, paper, rubber and similar materials.

1. Which products and additives require licensing?

(1) Materials or molded products that directly contact food in food packaging materials, containers and food production or operation tools and equipment, when no national food safety standard exists;

(2) Additives not listed in GB9685;

(3) Materials or molded products that directly contact food in food packaging materials, containers and food production or operation tools and equipment, and their processing additives, not listed in Ministry of Health announcements;

(4) Additives already listed in GB9685 or Ministry of Health announcements that need expanded scope or use levels.

(5) New detergent raw materials that may pose food safety risks for food, food production or operation tools and equipment, and food packaging materials and containers;

(6) New disinfectant raw materials not listed in the List of Raw Materials for Food Disinfectants, for food, food production or operation tools and equipment, and food packaging materials and containers.

1. Filing of food safety standards.

Food producers that set enterprise standards where no national or local food safety standard exists, or that are stricter than national or local standards, must apply to provincial, autonomous regional or municipal health authorities for filing before production. Enterprise standards already filed with quality supervision departments before June 1, 2009 remain valid during their validity period and need not be refiled with health authorities. Food packaging companies should consult local provincial quality supervision departments; in principle, provincial quality supervision departments will continue to handle standard filing.

——Reprinted from China Packaging Network (pack.cn), original link: http://news.pack.cn/show-362231.html