On July 21, 2023, the Food Packaging Forum (FPF) submitted comments to the European Chemicals Agency (ECHA) in response to a call for input on a proposed restriction on per- and polyfluoroalkyl substances (PFAS) across the European Union. FPF’s comments emphasize the available scientific evidence showing the persistence of this class of synthetic chemicals. As a consequence of their release into the environment and their persistence, their concentrations have exceeded the planetary boundary for chemical pollution (FPF reported). Human and environmental health are affected due to known hazards for specific class members, and the persistence of these chemicals is increasingly being seen as a multiplier of toxicity given their ongoing emissions into the environment (FPF reported). Considering this evidence, FPF notes that swift regulatory action is warranted on the entire class of substances.
FPF’s comments further provide additional, supporting information relating to two of the specific information requests on FCM sectors and (sub-)uses, as well as on emissions in the end-of-life phase. This includes a confidential attachment with information from FPF’s research on PFAS in FCMs that is currently undergoing peer review. The unpublished data provides information on the number and type of PFAS that have been detected in and migrating from FCMs.
The EU restriction proposal is very broad and aims to significantly limit the manufacturing, use, and import of PFAS across a wide range of sectors. For FCMs, the proposal includes a restriction on the presence of all PFAS. A time-limited delay (known as a derogation) has been proposed specifically for fluoropolymers and perfluoropolyethers in FCMs for industrial and professional food and feed production for 6.5 years after the restriction enters into force. A potential derogation with the same time range is also being considered for non-stick coatings in industrial and professional bakeware pending additional information from stakeholders.
Initially submitted in January 2023 (FPF reported), the restriction proposal is open for public comment until September 25, 2023. Thousands of comments from stakeholders have already been submitted, and ECHA publishes the public parts of received comments intermittently.
In a next step, ECHA’s Committee for Risk Assessment (RAC) will meet on September 11-14, 2023, and its Committee for Socio-Economic Analysis (SEAC) will meet on September 5-13, 2023. Both committees will consider the submitted public comments during their meetings, and food contact materials and packaging will in particular be focused on as a case study topic. Looking ahead, both committees will then issue their draft opinions on the restriction proposal, and the SEAC opinion will be opened for a 60-day public consultation. The RAC opinion may also be made open for public consultation. A final opinion will then be written that is forwarded to the REACH committee, which then passes it along to the European Parliament and Council for their own internal reviews. In summary, the review process is expected to last potentially many more months, and stakeholders will need to stay aware of updates and adjusted timelines.
Reference
FPF (July 21, 2023). “Non-confidential comments for Annex XV restriction report: Restriction on the manufacture, placing on the market and use of PFASs.” (pdf)
Read More
ECHA (March 22, 2023). “ECHA seeks input on proposed PFAS restriction.”
ECHA (March 22, 2023). “PFAS: Registry of restriction intentions until outcome.”
