What manufacturers of food packaging should know
The regulatory requirements for food packaging are increasing continuously. In addition to the established provisions of European food law, the new Packaging and Packaging Waste Regulation (PPWR) is bringing sustainability, recyclability and critical substance groups such as PFAS increasingly into focus. At the same time, the requirements for declarations of conformity, migration testing and the assessment of NIAS (Non Intentionally Added Substances) are rising.
In the Innoform podcast (in German), Karsten Schröder and Heike Schwertke, authorised officer and head of the conformity department at Innoform Testservice, discussed the most important developments and challenges for packaging manufacturers, converters and companies placing food contact materials on the market.
European legislation for food contact materials
The legal basis for food contact materials is the European Framework Regulation (EC) No 1935/2004. It applies to all materials that come into contact with food – regardless of whether they are plastics, paper, glass, metal or other materials.
The aim is to ensure that no substances transfer to food in quantities that endanger health or unacceptably change the properties of the food.
For plastics, Regulation (EU) No 10/2011 provides a detailed specific measure. Among other things, it regulates:
- Which substances may be used
- Which limit values must be observed
- How migration tests are to be carried out
- Which information must be passed on along the supply chain
Plastics are therefore among the most comprehensively regulated packaging materials in food contact. The situation is different for other material groups such as printing inks or paper, for which national regulations often have to be consulted.
Declarations of conformity: the backbone of the supply chain
A declaration of conformity is far more than a formal document. Its purpose is to pass on information about the substances used, limit values and conditions of use along the entire supply chain.
The raw material producer informs the polymer manufacturer, who informs the film manufacturer and finally the packaging manufacturer. Only then can the food producer assess whether a material is suitable for their application.
Particularly important are details on:
- specifically regulated substances
- permissible temperature ranges
- contact time
- food types
- tests and calculations performed
However, a declaration of conformity does not replace testing. It must be verifiable at any time through technical documentation and reliable evidence. Authorities can request the corresponding documentation.
Migration: the decisive proof
The central question with food contact materials is:
Which substances can actually transfer into the food?
Different testing approaches are used to answer this question.
Overall migration
Overall migration determines the total amount of substances that can transfer from a material to the food. It serves above all as a measure of the general inertness of the packaging material.
Specific migration
Here, individual substances are examined in a targeted manner. This particularly concerns substances of toxicological relevance or with defined limit values. The test serves to demonstrate that these substances do not exceed the permissible migration levels.
In addition, modelling calculations are increasingly used today to predict migration behaviour on the basis of substance properties and material data.
NIAS: the often underestimated challenge
Special attention is now being paid to so-called NIAS (Non Intentionally Added Substances). These are substances that are not used intentionally but are present in the material or arise during production, for example as:
- impurities
- degradation products
- reaction products
- oligomers
While known raw materials and additives are often well documented, NIAS pose particular challenges for risk assessment. Many of these substances cannot be derived from raw material lists alone.
Comprehensive screening analyses are therefore becoming more important. At Innoform Testservice, GC-MS methods are used for this purpose, for example, with which even unknown substances can be identified and assessed.
Bisphenol A and the re-evaluation of critical substances
A current example of the dynamics of regulation is bisphenol A (BPA). The European Union has now banned the intentional use of BPA in most food contact materials.
Such decisions are based on extensive toxicological assessments by institutions such as:
- the European Food Safety Authority (EFSA)
- the German Federal Institute for Risk Assessment (BfR)
This development shows that manufacturers must continuously monitor the substances they use and take regulatory changes into account at an early stage.
PPWR: sustainability meets product safety
The Packaging and Packaging Waste Regulation (PPWR) creates an additional regulatory layer. While classic food law primarily addresses consumer protection, the PPWR focuses on aspects such as:
- recyclability
- recycled content
- resource conservation
- substance bans
- circular economy
PFAS are currently the subject of particularly intense discussion. This group of substances is often referred to as “forever chemicals”, as many of them are very difficult to degrade in the environment. The PPWR already contains initial restrictions and requirements for the declaration of such substances.
In addition, an additional declaration of conformity will be required in future, containing information on recyclability, PFAS content, heavy metals and other environmentally relevant aspects.
Where companies face the greatest risks today
From a practical perspective, three critical areas currently stand out:
1. Imported materials
Importers legally assume the manufacturer’s responsibility. Declarations of conformity alone are not sufficient. What is required are reliable technical documents and test reports that substantiate the statements they contain.
2. Insufficient raw material information
Particularly for substances with technical purities of, for example, 80–90%, information about secondary components, impurities or reaction products is often missing. However, this data is increasingly needed for NIAS assessment.
3. Recyclates in food contact
With the increasing requirements of the PPWR, recycled materials will gain in importance. At the same time, they present new challenges for risk assessment, as additional NIAS, additives and unexpected contamination can occur.
Paperisation is not a simple solution
Parallel to plastics recycling, the trend towards so-called “paperisation” – the replacement of plastic components with paper-based solutions – is growing.
But paper does not automatically solve the regulatory challenges. Paper also contains additives, binders, printing inks and functional coatings. Moreover, there is as yet no Europe-wide specific measure for paper in food contact. Assessment is often based on national recommendations and regulations.
In addition, due to its higher diffusion openness, paper can in some cases even intensify migration-related issues. Here too, further testing and assessment procedures will be required in the coming years.
Conclusion
The requirements for food packaging continue to grow. Classic topics such as declarations of conformity, migration testing and substance assessments remain indispensable. At the same time, the PPWR, PFAS regulation, recycling quotas and recyclates are creating new challenges.
For manufacturers, this means one thing above all:
Transparent supply chains, reliable documentation and sound testing will become even more important in the future than they are today.
Only those who know their materials, raw materials and potential risks will be able to offer safe and legally compliant packaging solutions in the long term.
