Proposed EU legislation would define the manufacturing practices the bloc's processors would have to take in ensuring that packaging materials do not migrate into foods.
The proposal is an outcome of food safety crisis last November in which Italy's regulators discovered that a printing chemical from a Tetra Pak package was found to have migrated into a Nestlé milk product for babies.
The discovery led Italian authorities to confiscate millions of litres of Nestlé baby milk, even thought health officials found the chemical posed no danger to human health. Nestlé subsequently was forced by court order to make a recall of about two million litres of its Nidina and Latte Mio brands. The recall was extended to France, Spain and Portugal. Dutch group Numico was also involved in recalling some of its products.
The crisis subsequently exposed a loophole in food law, as there was no EU-wide regulation on benign food contact materials that would have forced Nestlé to make the recall.
The proposed requirement being debated at the EU level would apply to chemicals that might not give rise to particular health concerns, but which should not be present in the foods. All companies would be required to change their production methods so that is no possibility of packaging substances transferring to foods.
The proposals for legislation that would close the loophole would require processors to follow what is termed in the industry as "good manufacturing practice" (GMP) in ensuring that packaging chemicals do not transfer to the foods they contain. In releasing the draft regulation for discussion, the European Commission is also attempting to define what GMP means for the food sector.
The working document sets out further provisions for amending an EU regulation that permits the intended migration from food contact materials. It sets out the specific purpose of such migration, the conditions that would apply to the substances that migrate, labelling requirements and requirements for the provision of information within the manufacturing chain.
The document is also based upon the requirement to satisfy the general requirements of the regulation, that the active and intelligent materials and articles must be suitable and effective for the intended purpose. The components must also be included in the Commission's list of ingredients deemed to be acceptable for food contact use.
The text also deals with the circumstances under which manufacturers may suspend the application of food additive regulations and relevant overall and specific migration limits.
The proposed law also sets out the content of a EU list of chemicals, including the period for which authorisation shall be granted and for inclusion in the list. The document also deals with changes, suspension, revocation and renewal of an authorisation, the detail of the labelling and compliance declaration requirements and transitional measures to allow time for industry initiatives to register with the resulting system.
Current EU regulation requires that all food packaging materials shall be manufactured in compliance with GMP, the UK's Food Standards Agency (FSA) said in releasing a consultation on the proposals.
Prior to the adoption of the European Regulation, the UK and some other EU member states unsuccessfully sought clarification from the Commission of the term ‘good manufacturing practice'.
In making the new legislative proposals, the Commission has provided clarification in the eventual form of a specific regulation, the FSA noted.
"Not all industries operate according to good manufacturing practice or have detailed GMP guidelines," the FSA stated. "Most member states have not issued GMP guidelines."
The proposed legislation would cover active and intelligent materials used in packaging. Active materials refers to those that are designed to actively release a substance into or onto the foodstuff with the intention of extending its shelf life, or maintaining or improving its condition.
Under current law active materials may be used if the changes to the foodstuff comply with European Community rules, such as those on the use of approved food additives. Where there are no EU-wide provisions, the ‘active' materials and articles must comply with the national rules of the market.
The legislation would also apply to materials and articles that are designed to absorb something from the packaged food or the environment surrounding the foodstuff.
These are likely to be materials or articles containing such things as gas scavengers or absorbers. These soak up gases or juices that might hasten the deterioration of the packaged food.
Current legislation does not permit active materials and articles that bring about changes to the smell and taste of the food that could mislead consumers into the state of its freshness.
'Intelligent' materials and articles are those that monitor the condition of the food or its surrounding environment in the packaging. Such devices include colour indicators that monitor the food environment in the packaging for temperature, gases and changing colour.
This change of colour is visible from the outside of the packaging and tells the retailer and consumer when the food has spoiled. Others might change colour over a particular period of time and indicate when the ‘use by' date has been reached. As with ‘active' materials and articles, such indicators are not allowed to mislead consumers about the condition of the food through the information they provide.
The proposals are likely to be put to the Standing Committee on the Food Chain and Animal Health (SCoFCAH) in September, the FSA stated. Member states will then have time to consider the document before being called upon to formally take a position and to vote on its adoption.
The FSA expects the document could adoption in December, and become law in the early part of 2007.
The FSA is holding a public consultation on the proposals. The deadline for comments is 27 November.
