7-9 April 2019. Cairo. Africa Food Manufacturing conference. The conference hosted professors from various universities, food scientists, industries, and students, local and international, and will include the following tracks: Track 4: Food Adulteration: Laws, policy and governance. Dr. Patrick Vincent Hegarty,

1. Global Regulation of
Food Contact Substances
Why?
DR. P. VINCENT HEGARTY
Founding Director & Professor Emeritus
vhegarty@msu.edu
www.iflr.msu.edu
Africa Food Manufacturing Conference
Cairo, Egypt, April 2019

2. Is the food safe?
Is the packaging safe?

3. An “Outsider’s” Message
for Africa’s Food Manufacturers
• Least cost formulation – the world is coming to
Africa for:
– Food ingredients
– Packaged foods
– Food packaging materials
• Value-added – increased when food is packaged
• Export markets for Africa’s food – regulation
changes
– EU’s (EC) No 1935/2004 – updating
• Codex Alimentarius, NGOs – more aware of
health/safety issues with food packages

4. In just one pizza!
35 ingredients ⎸60 countries ⎸5 continents
Dough:
France
UK
Poland
USA
Yeast:
UK
Ireland
Germany
Salt:
France
UK
China
Tomato Paste:
Italy, France, Netherlands
Sugar:
Brazil
Indonesia
Jamaica
UK
And then the toppings…
Cheese: Switzerland, Ireland,
France, Italy, Spain, UK, Netherlands
Chicken: Brazil, Ireland, UK,
Netherlands, Germany
Anchovies: Peru, Argentina, Italy,
Falkland Islands, Spain, Iceland,
Denmark
Pepperoni: Poland, Italy, Ireland,
UK, Denmark, USA
Vegetables: From a host of
Mediterranean countries
Olive Oil: Italy, Greece, Spain
Chili Peppers: Africa, Asia, South
America
Herbs:
Greece
Italy
Spain
Kenya
Uganda
Tanzania
Morocco
Source: Food Safety Authority of Ireland
Country of Origin: Ireland
Country of Origin: Ireland

6. Why?
• Food package manufacturing: growing globally
• FDA regulates: more than 6,000 food contact chemicals
(FCSs) as “indirect additives”
• European Union (EU) regulates: 17 food contact
materials (FCMs)
• Health concerns: endocrine disrupting chemicals
(EDCs), cancer…
• Laws: updating in Canada, India, Japan, Switzerland,
Turkey, EU (2004)
• Laws: mostly non-existent in developing countries

7. Why?
(continued)
• Least cost formulation: relying on FCSs/FCMs from
developing countries
• FDA: food additives
- Most of rest of world: contaminants or FCMs
• Codex Alimentarius: work starting on contaminants
• Joint Expert Committee on Food Additives (JEFCA):
understaffed
• Conflicts of interests: concerns in Pew’s US food
additive study
Is YOUR country up-to-date on FCS/FCM laws???

8. Food Package Manufacturing
A Growing Industry
Source: Grand View Research (USA)

10. WHO: Food Safety
• According to the SPS agreement, WTO
Member Countries have the right to apply
measures to protect humans, animal and plant
life and health. It covers decrees, regulations,
testing, inspection, certification and approval
procedures and packaging and labelling
requirements directly related to food safety.
www.emro.who.int/emhj-volume-14-2008/volume-14-supplement/food-safety.html

11. Endocrine Disrupting Chemicals (EDCs)
World Health Organization
• Endocrine disrupting chemicals (EDCs) and
potential EDCs are mostly man-made, found in
various materials such as pesticides, metals,
additives or contaminants in food, and
personal care products. EDCs have been
suspected to be associated with altered
reproductive function in males and females;
increased incidence of breast cancer, abnormal
growth patterns and neurodevelopmental delays
in children, as well as changes in immune
function.
https://www.who.int/ceh/risks/cehemerging2/en/

12. FDA’s Work on Food Contact Substances (FCSs)
Quantity & Quality
• ‘With more than 10,000 additives allowed in food, Pew’s research
found that the FDA regulatory system is plagued with systemic
problems, which prevent the agency from ensuring that their use is
safe.’
www.pewtrusts.org/en/projects/archived-projects/food-additives-project
If this is the situation is YOUR country
producing FCSs and FCMs?

13. 17 Materials and Articles Covered by
Regulation (EC) No. 1935/2004
1. Active and intelligent
materials and articles
2. Adhesives
3. Ceramics
4. Cork
5. Rubbers
6. Glass
7. Ion-exchange resins
8. Metals and alloys
9. Paper and board
10. Plastics
11. Printing inks
12. Regenerated cellulose
13. Silicones
14. Textiles
15. Varnishes and coatings
16. Waxes
17. Wood

14. Are the Europeans Happy???
No.
Finally, a review of Europe’s ineffective laws on
chemicals in food contact materials has begun.
(Sidsel Dyekjaer, chemtrust.org, October 16, 2018)
•As we have highlighted in the past, the current laws do not properly protect
public health, as many materials – like paper, card, inks and glues – are not
controlled by harmonised EU laws, and where harmonised laws do exist (like
for plastic packaging), these laws are too weak.

15. Some FCSs in FCMs
Bisphenol A (BPA)
Bisphenol S (BPS)
Phthalates
Nanoparticle
Alkylphenols, Nonylpheniols, Octyphenol
Melamine
Lead
Antimony
Methylnaphthalene
Silicones
Bioplastics
Can coatings
Perfluorinated compounds
Mineral oil hydrocarbons

16. SIN = Substitute It Now
SVHC = Substances of Very High Concern

17. NIAS = Non-Intentionally Added Substances
Since many FCMs and FCAs have a high chemical
complexity, a complete characterization of all NIAS is
currently unrealistic. It is estimated that tens of thousands
of substances migrate from FCMs and FCAs; thus it is a
challenge to identify those NIAS that may be of concern.
(Food Packaging Forum, 2018)
The United States has NO definition for NIAS.

18. Codex: A World Full of Standards, p. 32.

19. Parting Questions
Good food laws are based on good science:
• How good is the science for FCSs and FCMs?
• How good are the laws and regulations for FCSs/FCMs in developed
and developing countries?
• Are all countries prepared for the next generation of FCS and FCM
opportunities and problems?
• How important are the health issues related to FCSs and FCMs?
• Where do FCSs/FCMs rank relative to other food safety risks
(pathogenic microorganisms, heavy metals, pesticides)?
• Where are the educators to educate government, industry, NGOs and
consumers on the good food laws and the good science on
FCSs/FCMs/packaging?

20. New Course!
With MSU’s Institute for Food Laws & Regulations.
Global Regulation of Food Contact Substances/Packaging
• FSC 890, Section 736 (3 credits)
• Developed and taught by Professor P. Vincent Hegarty
• Offered online, each spring semester
• May count toward IFLR’s “Certificate in International Food Laws
and Regulations”
• Laws and regulations of: USA, European Union, Canada, India,
China, People’s Republic, Japan, Korea, Australia/New Zealand
• Learn more at www.iflr.msu.edu or email iflr@msu.edu

21. Thank you
Go raibh maith agaibh (Irish)
DR. P. VINCENT HEGARTY
vhegarty@msu.edu
www.iflr.msu.edu