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The Draft European Commission Proposal May Significantly Impact Plastic Food-Contact Materials

The European Commission (EC) published a draft regulation on February 9, 2024, that would prohibit the use of bisphenol-A (BPA) in the manufacture of food-contact plastics, varnishes and coatings, printing inks, adhesives, ion-exchange resins, and rubber.

On December 30, 2023, the Canadian Government published a notice in the Canada Gazette announcing its intent to establish federal plastics registration and reporting requirements under section 46(1) of the Canadian Environmental Protection Act (CEPA). The reporting requirements would apply to calendar years 2024, 2025, and 2026.

On January 3, 2024, the China National Center for Food Safety Risk Assessment (CFSA) solicited comments on four food-contact materials and articles: two new additives and two new resins. Comments are due by January 21, 2024.

New Food-Contact Additives

Japan’s Ministry of Health, Labour and Welfare (MHLW) published the final version (in Japanese) of the reorganized positive list (PL) on November 30, 2023. This final version will take effect on June 1, 2025.

A Canadian federal judge ruled that the inclusion of all plastic manufactured items (PMI) as “toxic substances” under the Canadian Environmental Protection Act (CEPA) is both “unreasonable and unconstitutional.” The challenge, considered by the Court, was brought by a coalition of plastics companies in Responsible Plastic Use Coalition v. The Minister of the Environment and Climate Change, 2023 FC 1511, Docket: T-824-21.

On October 25th, the Break Free From Plastic Pollution Act was reintroduced in both the Senate and the House of Representatives (H.R.6053 and S.3127). If enacted, the bill would create an extended producer responsibility (EPR) policy and establish source reduction targets for single-use plastic products and beverage containers.

Japan’s Positive List (PL) of synthetic resins for food utensils, containers, and packaging (UCP) is expected to be fully implemented from June 1, 2025. The public was invited to submit comments in Japanese on the latest draft revisions to the positive list between August 4 and September 3, 2023. The Food Sanitation Subcommittee of the Pharmaceutical Affairs and Food Sanitation Council organized under Japan’s Ministry of Health, Labour and Welfare (MHLW) currently are reviewing the comments that were received.

How Are Compliance End Tests and Conditions of Use Related?

What are the requirements concerning conditions of use for substances listed in Title 21 Code of Federal Regulations (C.F.R.) Part 177.1520? More...