Food Contact Regulations USA 2023

• There have been numerous recent developments in the food packaging landscape that impact FDA's regulatory oversight of food contact materials. This talk will touch on:
  • Proposed administrative changes to FDA's food contact notification program
  • Increased legislative interest in food contact issues
  • Upcoming phaseouts of certain PFAS substances in food contact applications, in addition to other current topics of interest to the food packaging and food contact community

• Comparison of state legislation on PFAS in food packaging
• FDA and NGO activity on PFAS
• Looking ahead on PFAS in food packaging

• Define the presence of 608 chemicals of concern in your packaging and food by working with packaging suppliers, co-manufacturers, and ingredient suppliers to align and address media/legal/governmental issues
• Restore consumer trust through the creation of shared value and a tighter chain of custody within a transparent value chain
• Fund pragmatic research on migration and functional barriers in a collaborative global manner

• Need for a systematic reassessment program for existing chemicals
• Status of pending petitions regarding bisphenol A, ortho-phthalates, PFAS and lead as food contact substances
• State actions on specific chemicals
• Scientific challenges in evaluating cumulative effect of related substances in the diet from all sources

Moderator: Nhat Nguyen, Chief Analyst, Chemical Watch

Panellists:

Kathryn C Skaggs Partner, Keller and Heckman LLP

Tom Neltner Senior Director, Safer Chemicals, Environmental Defense Fund (EDF)

• Legislation and regulatory activity across a number of states
• Tracking upcoming effective dates, compliance deadlines, and phaseouts
• Possible trends in state activity to look out for in 2023 and beyond

• Overview of the Toxics in Packaging Clearinghouse 2021 model legislation update concerning PFAS and ortho-phthalates
• Development of testing guidance for regulators and the regulated community
• Collaboration with the Interstate Chemicals Clearinghouse on legislative language and law implementation

• Prop 65 Chemicals in Packaging: The common Prop 65 chemicals found in packaging material and ways to minimize their triggering a Prop 65 violation claim
• The End of Prop 65 Acrylamide Claims? The latest on, and potential impact from, a lawsuit seeking to remove acrylamide from the Prop 65 list which would bar any future claims
• Robust Testing of Products & Components: A reliable testing program designed correctly whether by a manufacturer or its suppliers can prevent Prop 65 claims and avoid costly settlements

• FDA requirements for recycled content fibre-based packaging
• RPTA's health risk-based program for assuring suitable purity
• RPTA's system for assessing relevant impurities entering manufacturing with recovered fibre
• The certification program developed to support RPTA members and their customers

• FDA and inks
• EPA TSCA SNURs impacting ink formulation for packaging
• PTFE/Mineral Oils - Global View
• Eu commission revising the FCM
• GIO/Swiss/Nestle/EuPIA

• A brief discussion of the adhesive and coating regulations
• The concept of a functional barrier. Is it defined?
• Impacts of food, time, and temperature on chemical migration