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US Congress Proposes Ban on Certain Food Contact Substances

SafeGuardSHardgoodsNovember 07, 2023

SG 150/23

The US federal government has introduced a bill to prohibit several chemicals/classes of chemicals for food contact materials and articles. If approved, the new law will become effective two years after the date of enactment

In October 2023, the U.S. Congress introduced H.R. 6105 ‘No Toxics in Food Packaging Act of 2023’ (the proposed Act) to prohibit five substances/classes of substances that are deemed to be unsafe for use as food contact substances. The proposed Act would amend Section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C 348).

Highlights of the proposed Act are summarized in Table 1

Substances Deemed to be Unsafe for Use as Food Contact SubstancesEffective Date
  • Antimony trioxide
  • Bisphenol A, B, S, F, AF or related compounds
  • Ortho-phthalates1
  • Per- or polyfluoroalkyl substances (PFAS)2
  • Styrene
Two years after the date of enactment

1 A class of esters of ortho-phthalic acid including BBP, DBP, DCHP, DEHP, DEP, DIBP, DIDP, DINP, DnHP, DNOP and DPENP.

2 A perfluoroalkyl substance or a polyfluoroalkyl substance that is man-made with at least one fully fluorinated carbon atom.

Table 1

In addition, the bill outlines that alternatives used in place of prohibited substances should be considered for potential adverse effects against vulnerable populations.

Abbreviations

ItemAbbreviationPhthalateCAS No
1BBPBenzyl butyl phthalate85-68-7
2DBPDi-n-butyl phthalate84-74-2
3DCHPDicyclohexyl phthalate84-61-7
4DEHPBis-(2-ethylhexyl) phthalate/di(2-ethylhexyl) phthalate117-81-7
5DEPDiethyl phthalate84-66-2
6DIBPDiisobutyl phthalate84-69-5
7DIDPDi-isodecyl phthalate26761-40-0
8DINPDi-isononyl phthalate28553-12-0
9DnHPDi-n-hexyl phthalate84-75-3
10DNOPDi-n-octyl phthalate117-84-0
11DPENPDipentyl phthalate131-18-0

Table 2

SGS technical experts have extensive knowledge and testing experience in materials and articles in contact with food. They work to ensure that your products meet the appropriate regulations for food contact materials, paving the way for compliance. From overall migration tests to expert advice on emerging regulations, compliance issues and documentation review, Discover more on our website. SGS is the partner to trust. In the end, it’s only trusted because it’s tested.

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