Top considerations for food contact packaging

The Food Contact Testing team at Smithers share their top-tips for success with food contact materials for the rest of 2021 and beyond, and what consideration points will help to ensure the smoothest route to market for new food packaging designs and materials.

Primary aromatic amines (PAAs)
Suguna Kulasekaram, Principal Chemist, Smithers

Primary aromatic amines (PAAs) are commonly found in rubber, epoxy polymers and azo dyes. They can be used in a wide variety of food packaging applications where several of them have potentially genotoxic, carcinogenic, and allergenic effects. PAAs can migrate into foods from plastics such as kitchen utensils or plastic laminates, and are regulated by (EU) No 10/2011. Amines are formed by the hydrolysis of aromatic isocyanates in polyurethane adhesives and lacquers and by degradation of azo dyes used as colorants in nylon kitchen utensils which are a common source of PAAs. To avoid their combined toxicity which may cause adverse health problems, the established specific migration limit(SML) for the sum of all the PAAs is set at 0.01mg/kg. There is a small group of PAAs – carcinogenic, mutagenic or toxic to reproduction (CMR) substances – which have a lower 2ppb migration limit.This low level of migration requires advanced equipment and expert analysts to ensure detection and comply with safety legislation. At Smithers, we use our suite of HPLC-DAD and LC-MS machines to support with this and make assessments based on safety guidelines.

Brexit considerations
Tony Lord, Principal Chemist, Smithers

Following the end of the transition period where the UK left the EU – Brexit – the UK has announced new rules for theauthorization of food contact materials (FCMs) to be placed on the market in Great Britain.
FCMs that have been positively listed under EU retained law prior to Brexit may continue to be placed on the GreatBritain market without re-authorization by the UK competent authority.
However, any new submissions made after Brexit or all those already submitted to the EU before 1 January 2021 wherethe assessment process has not been completed (for example an EFSA opinion was published but it was not on anauthorized positive list) an application has to be made to the UK competent authority – the Food Standards Agency(FSA).
Top considerations for food contact packaging
The Food Contact Testing team at Smithers share their top-tips for success with food contact materials for the rest of 2021 and beyond, and what consideration points will help to ensure the smoothest route to market for new food packaging designs and materials Extra considerations may be required for active and/or intelligent materials used as food contact materials, where ‘positive’ lists of materials are not currently in place but expert guidance can support to minimize the risk of any materials used.

Compliance of recycled and alternative materials

Suguna KulasekaramPrincipal Chemist, Smithers

Using recycled plastics can be challenging. To assess the compliance of recycled or alternative food contact materials requires careful evaluation as chemicals can migrate from the materials into food. Food contact material manufactured from waste material might contain non intentionally added substances (NIAS).The use of recycled polymers for food contact materials is heavily dependent on the polymer type; PET is a well-established polymer for recycling as it is resistant to the absorption of contaminants from its environment and can also be processed at a higher temperature enabling effective removal of any contaminants. Polyolefins however tend to absorb more contaminants during use and have to be processed at a lower temperature. This poses challenges as it can make it more difficult for risk management of the overall recycled waste material mix.The European regulation on plastics regulation (EC) No 282/2008 requires that recycled plastics used in contact with food should only be obtained from processes which have been assessed for safety by EFSA and similar rules applies to FDA. A register for approved substances will emerge in parts – beginning later this year. Packaging manufacturers have a responsibility to ensure that recycled materials are suitable for their intended use and have been risk evaluated. Additionally, the UK Government plans to introduce the new plastic packaging tax From April 2022. This new tax applies to plastic packaging produced in, or imported into the UK that does not contain at least 30% recycled plastic. The tax does not apply to any plastic packaging containing greater than 30% recycled content or any packaging that is not predominantly plastic by weight. Smithers carries out the testing necessary for the risk assessment of using recycled materials and can help you show compliance with FDA and European regulations.

FCNs to gain FDA approval
Dr Alistair Irvine, Senior Manager, Smithers

Food contact notifications (FCNs) are one of the optimal methods of getting FDA approval for anew food contact material that is not currently listed or regulated. They’re commonly the fastestmethod of approval, and also have the benefit of providing proprietary authorization on a material–giving you a competitive advantage in the market.
FCNs are typically required when you have either a new material that has not been previouslyapproved, or a material that has been approved for use by someone else but that only hasproprietary approval (meaning you will also need to seek approval). They can also be needed ifyour substance has been previously approved, however you intend to use it for a differentapplication or utilize an alternative manufacturing process which could change the chemicalcomposition of the material.
If you are looking to get FDA approval for a new food contact material, then get in touch with ourteam who can support with this process.

Paper and board food contact materials
Kate Davis, Laboratory Supervisor, Smithers

With increased environmental awareness driving consumer demand, alongside recent and upcoming changes in European legislation regarding some single-use plastics, we are seeing innovative and exciting new developments in paper and board being used in food contact materials (FCM).Already widely employed in a range of food packaging applications, fillers and retailers are increasingly demanding evidence that paper and board FCM comply with the EU Framework Regulation (EC) 1935/2004. This states that any material or article intended to come into contact with food should not transfer substances into the food which could be detrimental to human health, or bring about deterioration of the organoleptic properties.The complication lies in the fact that unlike plastics, ceramics and regenerated cellulose, there is no EU harmonized legislation outlining how to demonstrate compliance for paper and board. A number of EU member states (including Germany, France, Italy and the Netherlands) have national legislation which vary from one another, and as the national legislation of the target market must be complied with, manufacturers can be left uncertain which testing is necessary to seek approval.CEPI (Confederation of European Paper Industries) published a set of voluntary industry guidelines (updated in 2019) which are ‘intended to enhance the trust of public authorities, business operators and consumers in the safety of paper and board materials for food contact applications’. These guidelines are considered as best practice to follow. With the use of recycled paper and board in FCM, a wider array of testing is recommended to ensure that consumer health remains a top priority.Demonstrating compliance with the FDA for the US market requires following a different set of rules. At Smithers we can offer advice and carry out the testing necessary to ensure compliance with both the EU and the US markets, in one package.Paper and board as food contact materials (FCMs) fit well with increasing legislative and consumer demand that packaging materials be both sustainable and easily recyclable.

How can Smithers help
Dave Fisher, Commercial Manager – Packaging and Consumer Goods, Smithers

With over 30 years’ experience helping clients comply with food contact legislation around the globe, Smithers provides advice, analytical testing and training to help you understand what you need to do to ensure regulatory compliance.

Smithers can:

• Help ensure food packaging meets safety requirements
• Advise on the legislative requirements for your region
• Analyse your food contact materials to show compliance using advanced equipment such as a GC triple quad
• Conduct analysis to investigate production issues or aspects concerning food contact regulations
• Investigate packaging taint
• Carry out NIAS risk assessments