In the News

Transition Period May Be Allowed for Chinese Additive List

Apr 24, 2009

A spokesperson for the Ministry of Health (MOH) of the People's Republic of China has indicated that the government may allow a transition phase before banning any plastic food contact material not on the positive list in the Hygienic Standard for Uses of Additives in Food Containers and Packaging Materials (GB 9685-2008). (See PackagingLaw.com, China Publishes List of New Additives Authorized for Use in Food Packaging, for more information on GB 9685-2008). This standard, with its positive list of permitted additives, is scheduled to become effective on June 1, 2009.

Concerned about the short time before the implementation of the positive list, The Society of the Plastics Industry (SPI), and other industry representatives, requested a transition period and that a provisional list be adopted, similar to what the European Union (EU) is doing in relation to additives for polymers. Under the approach proposed by SPI, companies would be allowed to notify MOH of the additives that are currently used in food contact plastics in China that were not included on the revised version of GB9685. Provided a petition is subsequently submitted for these additives within a determined timeframe, then the additives on the provisional list would be permitted to be used after June 1, 2009 and until their evaluation by MOH is completed.

According to a ministry official, MOH is now agreeing to adopt a "provisional list." An official deadline has not been established for proposing additives for addition to the provisional list; however, given the June 1 deadline, it is expected that submissions will be required soon. To be included on the provisional list, additives should be cleared for use in either the EU, the U.S., or Japan, and currently be used in China in food contact applications. Manufacturers should carefully review the list of permitted additives, along with the limitations associated with them. Some of the permitted additives are only cleared for certain applications.

It is likely that China will require submission of a petition within a set timeframe for the substance to remain on the provisional list. However, it is not known at this time whether MOH will accept for inclusion on the provisional list all substances that have been submitted for which the criteria have been met. Assuming that a substance is accepted on the provisional list, it may continue to be used in China pending evaluation of the petition.