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On October 23, 2023, Maine’s Department of Environmental Protection (DEP) released an updated draft rule, 06-096 C.M.R. Chapter 80 (“Reduction of Toxics in Packaging”), on the implementation of the State’s Toxics in Packaging Law. The draft rule imposes a sales prohibition for certain food packaging containing intentionally added per- and polyfluoroalkyl substances (PFAS) and also prohibits the sale of food packaging to which phthalates have been intentionally introduced in more than incidental amounts.  

On September 25, 2023, China’s National Health Commission (NHC) published 85 National Food Safety Standards for food, food additives, food-related products, and various testing methods. Below is a brief summary of the key food-contact standards, including one of migration testing.

Importers of Finished Articles Made with PFAS Must Also Report 

The U.S. Environmental Protection Agency (EPA) has issued a final rule that requires the reporting of extensive information on potentially thousands of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). It captures all PFAS compounds manufactured or imported into the U.S.

On October 7, 2023, China’s National Health Commission (NHC) approved expanded usage for three food-contact materials and two new resins. The substances and specifications are listed below.

Expanded Usage Food-Contact Materials

While the current Food Contact Notification (FCN) process serves the U.S. Food and Drug Administration’s (FDA) reassessment initiative, the Agency is in the process of implementing changes that will support FDA’s efforts to establish a framework for routing systematic review of food-contact substances (FCS) through ongoing monitoring after they are on the market.

Maine has extended the effective date of its per- and polyfluoroalkyl substances (PFAS) notification requirement by two years to January 1, 2025, following the passage of HP 138/LD 217 (“An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroa

The Scientific Panel on Contaminants in the Food Chain (CONTAM Panel) of the European Food Safety Authority (EFSA) recently released an updated risk assessment of mineral oil hydrocarbons (MOH). The European Commission (EC) had requested the re-evaluation in 2020 as it considered whether to establish maximum levels for MOH in certain food items.