Packaging Materials
Food Packaging Regulations
The safety of all materials used for packaging foods is
controlled under Division 23 of the
Food and Drugs Act and Regulations, Section B.23.0001 of
which prohibits the sale of foods in packages that may impart
harmful substances to their contents. This regulation puts
the onus clearly on the food seller (manufacturer,
distributor, etc.) to ensure that any packaging material that
is used in the sale of food products will meet that
requirement.
Premarket Assessments
Because of the general nature of this requirement, and in the
absence of positive lists delineating permitted ingredients,
packaging materials intended for use with foods may be
submitted voluntarily to the Food Directorate (FD) for a
premarket assessment of their chemical safety in relation to
Section B.23.001. This applies to any type of material,
whether it is in the form of a finished product such as a
laminated film, a container, etc. or a formulated product
such as a plastic resin, a colour concentrate, etc. In
addition, suppliers of single additives like antioxidants,
ultra violet absorbers, etc. may also independently request
letters of opinion for their own products before selling them
to formulators or converters.
Letters of No Objection
Letters expressing favourable opinions are called "no
objection letters' and can be used by the recipients to
assure their prospective customers that the products they are
selling have been evaluated by the Food Directorate and
deemed acceptable, from a chemical safety standpoint, for use
in specified food packaging applications. However, it is
important to note that such letters do not constitute
approvals in a legal sense and do not relieve the food
sellers of their responsibilities under Section B.23.001 of
the Food and Drug Regulations.
Duration of No Objection Status
A letter of no objection has no expiry date. It is considered
valid as long as the composition and intended use of the
material remain as described in the original submission. It
is the responsibility of the manufacturer to advise the Food
Directorate of any changes that may affect the validity of
the no objection status. However, The Food Directorate
reserves the right to rescind the no objection status of any
given material should information come to light showing that
its use may potentially pose a health risk to consumers.
Guidance Documents/Guidelines
Food packaging material suppliers may consult the guidance
document under "publication" for details concerning
the
Information Requirements for Food Packaging Submissions.
Recycled plastics used for packaging foods are subject to the
same regulations as virgin plastics in terms of their
chemical safety. Food packaging suppliers whose products
contain recycled plastics should also consult the document
entitled Guidelines
for Determining the Acceptability and Use of Recycled
Plastics in Food Packaging Applications under
‘publication".
Submission Process Schematic
Process Schematic
Interaction with the Canadian Food Inspection Agency (CFIA)
In the case of materials intended for use in federally
registered food establishments operating under other Acts and
Regulations that are administered by the Canadian Food
Inspection Agency, manufacturers and suppliers of food
packaging materials are advised to make their requests for
acceptance directly to that agency should they wish to have
their products listed in the
Reference Listing of Accepted Construction Materials,
Packaging Materials and Non-Food Chemical Products .
Notwithstanding its role as advisor to CFIA on matters
pertaining to the chemical safety of food packaging
materials, the FD does not (with the exception of polymer
resins) maintain lists of products that have been deemed
acceptable for use in food packaging applications as a result
of a pre-market assessment.
While submissions to the FD for the premarket clearance of a
food packaging materials are voluntary under the Food and
Drugs Act and Regulations, they are a mandatory requirement
in other legislation and certification programs that fall
under the purview of the CFIA (e.g. Meat Inspection Act and
Regulations, HACCP) . For more information on CFIA's
requirements, please visit the agency's website at www.cfia-acia.agr.ca
.
Food Directorate Listings for Polymers
To assist manufacturers of food packaging materials in
recognizing equivalency (and thus interchangeability) between
polymer resins, the Food Directorate maintains, on the Health
Canada website, positive lists of polymers for which letters
of no objection have been issued for use in food packaging
and other food contact applications. The intent of the lists
is to preclude the need for new requests for letters of no
objection in situations where interchanging one resin with a
comparable one on the positive lists is the only change made
to the composition of a food packaging material that has
already been sanctioned by the FD for food contact uses. In
such a case, it is only necessary to apprise the FD of the
change to maintain the validity of the letter of no
objection. However, the FD reserves the right to challenge
the equivalency determination made by the manufacturer upon
receipt of the notification.
The polymers are categorized and coded into 12 specific types
(tables 1 to 12) plus one other category (table 13) to
accommodate any polymer that cannot be fitted into any of the
first 12 tables. The Lists
of Acceptable Polymers For Use in Food Packaging
Applications include all the polymers that have been
granted no objection status by the Food Packaging Materials
& Incidental Additives Section of the Chemical Health
Hazard Assessment Division (Food Directorate) for use in food
packaging applications since November 1st, 2003 for
polyethylenes (Table 1) and since January 1st, 2004 for all
other polymers (Tables 2 to 13). Polymers having received no
objection letters before those dates will not be listed
unless confirmation is received at the HPFB that their
chemical composition and intended uses remain as described in
the original submissions.
The lists include the trade name and grade of each polymer,
its manufacturer, the date on which the no objection letter
was issued and details of any limitations imposed on its food
packaging uses (notwithstanding the fact that it should be technically suitable for its intended end-uses).
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