The entire food system, and plastics especially, continue to be a focus of public and political attention at local and international scales. What follows is a list of government projects related to food contact chemicals and materials that FPF plans to track and continue to engage with through 2024. The list is not conclusive. Dates of the next steps are given when estimates are available.
European Union
The European Chemicals Agency (ECHA) highlighted in a report published in November 2023 that key regulatory challenges for ECHA and the EU are to (i) provide protection against most harmful chemicals, (ii) address chemical pollution in the environment, as well as to (iii) improve the availability of chemical data. Multiple EU policies expected to be up for comment or finalized in 2024 address one or more of these challenges.
Q1 2024
Packaging and packaging waste regulation. After considerable public debate and private lobbying throughout 2023 (FPF reported), the European Commission, Parliament, and Council have adopted positions on the proposal (FPF reported here and here) and should decide the final shape of the PPWR regulation in early 2024.
Restrictions on bisphenol A (BPA) and other bisphenols in food contact materials. The draft restriction is late but there are rumors that a draft act will be available soon. The BPA restriction was originally scheduled for adoption in Q1 2024 but draft publication, at least one round of public consultation, and the final policy debate remains. Currently available information says the restriction will come into force in late 2025 or early 2026 (FPF reported).
Microplastics pollution – measures to reduce its impact on the environment. The final public feedback period for this initiative ended on January 17, 2024. The feedback will be summarized by the European Commission and given to the European Parliament and Council to create the final version.
Following a cargo spill of plastic nurdles off the coast of Spain on January 10, 2024, discussion has increased around controls of shipping nurdles and other plastic production components within the EU. Originally, this aspect of microplastic pollution control was going to be left to the International Maritime Organization. Sri Lanka asked the IMO to increase shipment controls of all plastic pellets, flakes, and powders following a disaster there in May 2021 (FPF reported).
Q3 2024
Chemicals legislation – revision of REACH Regulation to help achieve a toxic-free environment. The revision is running late but the Commission confirmed in December 2023 that it will continue to move forward. However, publication of the draft will not be available until after the next parliamentary term begins in June 2024. Originally, the REACH revision was planned for early 2023. The delay has been a source of consternation for civil society organizations and Member States (FPF reported also here).
Q4 2024
PVC mandate. ECHA supports restricting some additives used in polyvinyl chloride (PVC) plastic products and tightening controls of PVC microplastics (FPF reported) but the final decision is up to the Commission.
2025
Revision of EU rules on food contact materials. Originally scheduled for 2023, the FCM revision has had many delays (FPF reported). A report on IT infrastructure requirements for the revision is expected in “spring 2024” and another report on “sustainable packaging” should come out later in 2024 but the policy impact assessment and public consultation may not come until 2025.
The planning for, and subsequent delay of, the FCM regulation may be a contributing factor in the pause and delay of the following:
Food safety – plastic food contact materials (FCMs) (update to quality control rules). Meant to align rules between Regulation (EU) 10/2011 on plastic FCMs with the regulation on recycled plastics and the regulation on biocidal products. It would also affect migration testing procedures. Originally scheduled for adoption in Q2 2023.
Food safety – heavy metals in ceramic, glass and enameled table and kitchenware. There has been no movement on this initiative since the roadmap feedback period closed in June 2019. Public consultation was originally scheduled for Q4 2022.
United States
Q1/Q2 2024
Follow-up is expected from the US Environmental Protection Agency (EPA) about both the finalized National Strategy to Prevent Plastic Pollution (FPF reported) and the potential expansion of the Safer Choice Program to new product categories (FPF reported). The public comment periods for the plastics strategy and the Safer Choice expansion closed in July and September 2023, respectively. When the conclusions from these comment periods will be published is unknown but early 2024 seems feasible.
US Food and Drug Administration (FDA) is expected to act on multiple pending petitions early this year, including one related to defining key terms related to considering cumulative effects of food contact, GRAS, or other substances in the food system, and another on whether BPA should be allowed as a food contact substance. Responses to both petitions are well overdue.
2024
FDA announced in August 2023 that it is revamping its process to reassess food contact substances after release on the market (FPF reported). The agency is currently undergoing work to restructure its food program following public outcry from investigative reporting (FPF reported) and subsequent analysis by both a congressional watchdog (FPF reported) and an independent panel (FPF reported). As such, potentially a lot of change may come this year though, again, dates remain unknown.
United Nations Environment Program (Plastics Treaty)
Several people at FPF are members of the Scientists’ Coalition and plan to continue participating in the final two meetings of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment this year (FPF reported). The Scientists’ Coalition has multiple policy briefs already published and additional ones in development to assist in policy discussions before and during the upcoming negotiations.
April 19-30
Meeting 4 of the Intergovernmental Negotiating Committee (INC) on Plastic Pollution in Ottawa, Canada.
November 25 – December 1
Meeting 5 of the INC on Plastic Pollution in Busan, South Korea
United Nations Environment Program (SPP)
The Intergovernmental Science Policy Panel on Chemicals, Waste, and Pollution Prevention is continuing to be developed in 2024 (FPF reported). FPF is not participating directly but keeping an eye on progress.
June 17 – 21, 2024
Other Regions
Indonesia’s new national policy on food contact materials should be published in 2024 (FPF reported).
While discussions around food contact materials and chemicals are very active and get significant public attention in Europe and North America, many other regions around the world are engaged in FCM-related policy initiatives. The Food Packaging Forum strives to share policy initiatives through our news and track opportunities to provide input during planned consultations. If you know of other initiatives, please share them with us. Initiatives being made by private industry through food brands and retailers are tracked within FPF’s BRID platform.
References
European Commission. “Revision of EU rules on food contact materials.”
European Commission. “Food safety – plastic food contact materials (FCMs) (update to quality control rules).”
European Commission. “Food safety – heavy metals in ceramic, glass and enameled table and kitchenware.”
European Commission. “Microplastics pollution – measures to reduce its impact on the environment.”
Marta Pacheco (January 12, 2024). “Spanish plastic pellet spill galvanises EU efforts to limit microplastic pollution.” EuroNews
European Commission. “Food safety – restrictions on bisphenol A (BPA) and other bisphenols in food contact materials.”
European Commission. “Chemicals legislation – revision of REACH Regulation to help achieve a toxic-free environment.”
US EPA. “Safer Choice.”
US EPA. “Draft National Strategy to Prevent Plastic Pollution.”
UNEP. “Fourth Session (INC-4).”
UNEP. “Fifth Session (INC-5).”
Read more
European Council (December 18, 2023). “Packaging and packaging waste: Council adopts its negotiating position on new rules for more sustainable packaging in the EU.”
European Commission. “Streamlining EU-level scientific and technical work on chemicals.”
European Commission. “Chemical safety – better access to chemicals data for safety assessments.”
European Commission. “Hazardous chemicals – prohibiting production for export of chemicals banned in the European Union.”
Vanessa Zainziger (April 18, 2023). “Commission inches towards EU FCM revision impact assessment by 2025.” Enhesa
Cailey Gleeson (December 21, 2023). “US health department starts formal review of proposed FDA foods programme redesign.” Enhesa
Clelia Oziel (December 8, 2023). “EU Commission reaffirms commitment to REACH revision.” Enhesa
