China's Food Packaging Industry Launches Comprehensive Cleanup

In order to implement the Food Safety Law, regulate the production and use of food packaging materials and of the additives, monomers, resins and coatings used in packaging materials (referred to as food packaging materials), promote the healthy and orderly development of the food packaging materials industry and ensure food safety, seven departments, namely the Ministry of Health, the Ministry of Industry and Information Technology, the Ministry of Agriculture, the Ministry of Commerce, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine and the State Food and Drug Administration, jointly issued the Notice on Issues Concerning the Implementation of the Food Safety Law (Wei Jian Du Fa [2009] No. 52) on June 5, 2009. On November 6, 2009, the Ministry of Health, the Ministry of Industry and Information Technology and five other ministries and commissions jointly issued the Notice on Carrying Out the Clean-up of Food Packaging Materials, deciding to organize and carry out the clean-up of food packaging materials nationwide.

As the clean-up work proceeds, the food packaging industry will move onto the fast track of the rule of law, and toxic and harmful food packaging and the arbitrary use of additives are expected to be curbed. It is hoped that all relevant government departments, manufacturers of food packaging and additives, and food enterprises will attach great importance to this clean-up work, study it carefully and implement it.

The main contents of the notices and an industry analysis are introduced below:

1. Make careful arrangements and actively guide industries and enterprises in carrying out the clean-up of food packaging materials

Relevant government departments should widely mobilize industries and enterprises to, in accordance with the provisions of the Food Safety Law, clean up food packaging materials existing on the market that may be harmful to human health, and resolutely crack down on illegal acts involving the use of toxic and harmful substances, especially the illegal use of waste materials to produce food packaging, containers and the like.

Industries and enterprises should be actively guided to, on the basis of existing food packaging material standards (133 national standards and 126 industry standards in total) and related provisions, take the initiative to examine and correct problems existing in production, operation and use, register substances that are considered to pose no safety problem and have not yet been included in China's food packaging material standards, and fill in the "List of Proposed New Substances That May Be Used in Food Packaging Materials". They should collect and compile information on the use of the substances listed in the list in other countries, as well as the standards, safety and risk assessment materials of relevant countries and organizations, and fill in the application form for new varieties of food-related products and the application form for new varieties of resins for food packaging materials respectively.

For substances considered to have a certain toxicity and to be harmful to human health, the "List of Substances Proposed to Be Prohibited for Use in Food Packaging Materials" should be filled in.

Industry associations should proactively and promptly report to the relevant regulatory authorities illegal acts such as the use of toxic and harmful substances, especially the illegal use of waste materials to produce food packaging, containers and the like, urge enterprises to complete the sorting out of the "two lists" and the preparation of application materials, and submit them to the Institute of Nutrition and Food Safety of the Chinese Center for Disease Control and Prevention.

1. Conduct scientific assessment and accelerate the improvement of the food packaging material standards system

The Ministry of Health, together with relevant departments, shall set up an expert group to scientifically assess the materials submitted by industries and enterprises, draw up, on the basis of the assessment results, a "List of Substances That May Be Used in Food Packaging Materials" and a "List of Substances Prohibited for Use in Food Packaging Materials", and publish them to society in batches. At the same time, it shall promptly revise and improve the safety standards for food containers, packaging materials and the additives used in them.

1. Strengthen law enforcement and crack down on illegal production and operation of food packaging materials

Relevant government departments should earnestly perform their duties, further intensify routine supervision, publish telephone numbers or email addresses for complaints and reports about food packaging materials, mobilize the public to report illegal production and use that does not meet standard requirements, especially illegal and criminal acts such as producing food packaging from waste materials, and promptly follow up and investigate based on leads from public reports, investigating and dealing with them according to law. Departments should strengthen coordination, cooperation and information exchange to form a joint regulatory force. In accordance with each department's regulatory duties, and based on leads on illegal production and operation of food packaging materials discovered through complaints and reports and past food safety supervision and monitoring and other channels, they should carry out targeted supervision and inspection work by means of open checks and covert visits. For units and individuals that, after the publication of the "List of Substances Prohibited for Use in Food Packaging Materials", continue to use substances on the list to manufacture and sell food packaging materials and containers, serious investigation and handling shall be carried out in accordance with law.

1. Conduct in-depth analysis and establish a long-term mechanism for the supervision of food packaging materials

Relevant government departments should actively implement the spirit of the important instructions of the leaders of the State Council on solving food safety problems in a systematic and orderly manner, promptly summarize and sort out by category the various problems existing in the safety supervision and management of food packaging materials, and identify the causes of those problems. Effective measures should be taken to further improve mechanisms and assign responsibilities in light of weak links, and to standardize as soon as possible the routine supervision of food packaging materials in all stages such as production, circulation and catering consumption. The food packaging material safety assessment system and the rapid traceability mechanism should be further improved, source control should be firmly grasped, and regulatory capacity and law enforcement standards should be continuously raised. The competent departments of various industries should further strengthen the standardized management of food packaging material industries and enterprises, guide enterprises in establishing and improving their own management systems, improve corporate integrity and self-discipline mechanisms, promote the healthy and standardized development of the food industry and ensure consumers' health.

1. Food packaging enterprises should conduct self-inspection as soon as possible and improve product quality and safety management

In accordance with the requirements of the Notice on Issues Concerning the Implementation of the Food Safety Law issued by the seven ministries and commissions, all relevant departments should urge production units of food-related products, especially food containers and packaging materials, to organize production in accordance with current relevant national food safety standards and other related provisions and to carry out self-inspection and clean-up. All production units must complete their self-inspection and clean-up work before June 1, 2010, and apply to the Ministry of Health for approval, in accordance with the relevant provisions and procedures, for food-related products and new varieties not included in the national food safety standards. All relevant departments should severely crack down on the use of toxic and harmful raw materials in violation of regulations to produce food containers and packaging materials. All relevant industry associations should strengthen self-discipline, guidance and communication, and organize enterprises in their industries to carry out self-inspection and clean-up work. All relevant regulatory departments should actively guide and urge them and give them assistance.

(1) Main materials to be submitted for new varieties of food-related products

New varieties of food-related products mainly refer to "new varieties of packaging materials and containers for food", "new varieties of tools and equipment for food production and operation", "new varieties of additives for food containers, packaging materials, equipment and tools", "new varieties of detergents for food" and "new varieties of disinfectants for food". The materials to be submitted are as follows:

1. Application form for new varieties of food-related products;
2. Chemical property data;
3. Uses and conditions of use;
4. Production process;
5. Enterprise standards;
6. Toxicological data;
7. Approval and use in other countries and relevant supporting documents;
8. For applications filed on commission, proof of agency shall be provided;
9. Estimated dietary intake data (to be provided when applying for new varieties of food packaging materials and containers);
10. Data on the scope of use and the amounts used of additives for food packaging materials and containers and for tools and equipment used in food production and operation (to be provided when applying for new varieties of additives for food packaging materials, containers, equipment and tools);
11. Disinfection efficacy data (to be provided when applying for new varieties of disinfectants used for food);
12. Other materials that need to be submitted.

Applications for new varieties of imported food-related products must also provide the following materials:

1. Documents issued by the government of the producing country (region) or by an institution recognized by it, certifying that production and sale are permitted;
2. Certification materials issued by the relevant institution or organization in the country (region) where the manufacturing enterprise is located, concerning the examination or certification of the producer.

(2) Main materials to be submitted for new varieties of resins for food packaging materials

1. Information on the applicant
2. Identification of the resin
3. Specifications and restrictions of the resin
4. Specifications and restrictions of the resin
5. Toxicological review
6. Restrictions on the resin or the molded product
7. Analytical methods for the properties of the resin
8. Overview of approval status in other countries
9. Declaration by the applicant
10. List of attachments
11. Clear lists of food packaging, containers, tools and additives of various materials; enterprises should match themselves to the right category
12. There are 259 currently valid standards related to food packaging materials in China

The catalogue of currently valid standards related to food packaging materials in China has been officially published, covering the various materials used in food packaging, such as plastics, paper, metal, glass, ceramics, rubber, bamboo and composite materials, among which there are 133 national standards and 126 industry standards. It can be said that basically all materials used in food packaging are included.

According to the regulations, for products not covered by the standards, enterprises should apply in accordance with the "materials to be submitted for new varieties of food-related products"; if the application is not approved, the enterprise may no longer continue production. Before approval is obtained, enterprises may continue to produce and operate in accordance with the original standards and regulations.

1. Requirements for the use of additives in food containers and packaging materials

On September 9, 2008, the Ministry of Health of the People's Republic of China and the Standardization Administration of China issued the Hygienic Standard for the Use of Additives in Food Containers and Packaging Materials (GB9685-2008). This standard is a mandatory national standard and took formal effect on June 1, 2009. The number of approved additives was expanded from 65 in the original standard to 959, and appendices list the permitted additives, their Chemical Abstracts Service (CAS) numbers, scope of use, maximum use levels, specific migration limits (SML) or maximum residue levels (QM) and other restrictive requirements.

In this standard, with regard to the permitted use of and requirements for food containers and packaging materials, it is clearly emphasized that "substances not specified in the list must not be used to process food containers and packaging materials." The standard applies to all producers, operators and users of additives for food containers and packaging materials; in particular, it sets out clear provisions for plasticizers, toughening agents, curing agents, initiators, accelerators, anti-aging agents, flame retardants and the like used in materials such as plastics, paper products and rubber for food contact, as well as for related adhesives, inks and pigments.

1. Which products and additives need to go through licensing procedures?

(1) Materials or molded products that come into direct contact with food and are used in food packaging materials, containers and tools and equipment for food production and operation, for which no national food safety standard has yet been formulated;

(2) Additives not listed in the Hygienic Standard for the Use of Additives in Food Containers and Packaging Materials (GB9685);

(3) Materials or molded products that come into direct contact with food and are used in food packaging materials, containers and tools and equipment for food production and operation, and the additives used in processing them, that are not listed in the announcement lists of the Ministry of Health;

(4) Additives already listed in the Hygienic Standard for the Use of Additives in Food Containers and Packaging Materials (GB9685) or in the announcement lists of the Ministry of Health, but for which the scope of use or the amount used needs to be expanded.

(5) New raw materials for detergents used for food, for tools and equipment used in food production and operation, and for food packaging materials and containers, that may pose food safety risks;

(6) New raw materials for disinfectants used for food, for tools and equipment used in food production and operation, and for food packaging materials and containers, that are not listed in the List of Raw Materials for Food Disinfectants.

1. The issue of filing food safety standards.

Where a food production enterprise formulates enterprise standards for which no national or local food safety standards exist, or enterprise standards that are stricter than the national or local food safety standards, it shall apply to the health administrative department of the province, autonomous region or municipality directly under the Central Government for filing before organizing production. Enterprise standards already filed with the quality supervision department before June 1, 2009 remain valid within the filing validity period and do not need to be filed again with the health administrative department. For food packaging enterprises, enterprises in various localities should consult the quality supervision department at the provincial level about the specific filing method; in principle, standard filing will continue to be handled by the provincial-level quality supervision departments.

——This article is reprinted from China Packaging Network (pack.cn), original link: http://news.pack.cn/show-362231.html