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The Regulation on the transparency and sustainability of European Union (EU) risk assessment in the food chain has been adopted by the European Parliament and the Council and is awaiting publication in the Official Journal of the European Union (OJEU). The intent of the new Regulation is to increase the transparency of risk assessments in the food chain in the EU and to strengthen the reliability, objectivity, and independence of the studies used by the European Food Safety Authority (EFSA).

Since the Child Nicotine Poison Prevention Act (CNPPA) became law in 2016, liquid nicotine in containers (such as e-liquid bottles) have been required to utilize child-resistant packaging pursuant regulations promulgated under the the Poison Packaging Prevention Act (PPPA). The Consumer Product Safety Commission’s (CPSC) guidance on these requirements for liquid nicotine containers has evolved – and become more stringent – over time.

The U.S. Food and Drug Administration (FDA) has denied a request for a public hearing on its May 2017 decision to deny a Food Additive Petition to remove several clearances for perchlorate from use in food-contact applications.  By way of background, the Food Additive Petition was submitted in 2014 by the Natural Resources Defense Council (NRDC) and eight other nongovernmental organizations (NGOs). It requested that FDA:

Currently, a Food Contact Notification (FCN) can only be delisted for safety reasons, explained Michael A. Adams, Ph.D., Deputy Director of FDA’s Office of Food Additive Safety, at Keller and Heckman’s Food Packaging Law Seminar on October 10, 2018. The fact that a food contact substance (FCS) cleared through an FCN cannot be delisted for reasons other than safety is a legitimate concern, he added.

The U.S. Department of Justice (DOJ) has changed its policy to limit the use of agency guidance documents in affirmative civil enforcement (ACE) cases, which are DOJ lawsuits “to recover government money lost to fraud or other misconduct or to impose penalties for violations of Federal health, safety, civil rights or environmental laws.” The change was announced in a January 25, 2018 memorandum issued by DOJ’s Associate Attorney General (AAG), Rachel Brand.

U.S. Food and Drug Administration (FDA) sent letters to notifiers of food contact notifications (FCNs) indicating that the Agency planned to suspend the review period during the federal government shutdown. The shutdown began on Saturday, January 20, and ended on Monday, January 22, with furloughed government employees returning to work on Tuesday, January 23. Thus, as a result of the recent shutdown, the review period for FCNs currently under review will be extended by three days.

The U.S. Food and Drug Administration (FDA) announced January 4, 2018, that it does not intent to require importers of food-contact substances to comply with the requirements of the Foreign Supplier Verification Program (FSVP). The FSVP is one of the rules that implements the FDA Food Safety Modernization Act (FSMA). (For background on the FSVP, see the article, FSMA Final Foreign Verification Rule Includes Food-Contact Materials.)

Keller and Heckman Partner Mitzi Ng Clark will be speaking at West Pack 2018. Ms. Clark’s presentation is titled, “California’s Proposition 65: Understanding the Impact on Food Packaging.” She will cover the basics of the law, including details on its updated warning requirements; discuss some of the listed chemicals that may be found in food packaging; and inform attendees on how to prepare for customer requests on Proposition 65.

The Conflict Minerals Rule has faced several challenges over the years by industry, and lawmakers have now taken action that may impact enforcement of the Rule. Specifically, on September 14, 2017, the U.S. House of Representatives approved an omnibus appropriations bill (H.R. 3354) that notably includes a provision to cut funding to “implement, administer, or enforce” section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

In response to Presidential Executive Orders aimed at reducing regulatory burdens, the U.S.