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 PackagingLaw.com 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.
Marisa Padula, a Scientific Researcher in the Packaging Technology Center of Brazil’s Institute of Food Sciences and Technology (ITAL), will join Dr. Dennis Keefe, Director of FDA’s Office of Food Additive Safety, and Dr. Elena Emelianova, a Scientific Evaluator in Health Canada’s Food Packaging Materials and Incidental Additives Section, as a guest speaker at Keller and Heckman’s 18th annual Food Packaging Law Seminar.
Attendees at Keller and Heckman’s 18th Food Packaging Law seminar will learn about the latest hot topics impacting the food packaging industry, such as the increase in citizen and abandonment petitions, new requirements under the Food Safety and Modernization Act, and developments on drug packaging in the U.S. In addition, Keller and Heckman’s food packaging attorneys and scientists will provide guidance on how to attain clearances for food-contact materials in jurisdictions around the world, from the U.S.
Keller and Heckman Partner Devon Hill and Scientist Peter Coneski will be among the presenters at the 254th American Chemical Society National Meeting & Exposition, which will take place August 20-24 at the Walter E. Washington Convention Center in Washington, D.C.