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California Considers Regulating Food Packaging under Green Chemistry Initiative

As part of its Green Chemistry Initiative and the Safer Consumer Products (SCP) implementing regulations, California’s Department of Toxic Substances Control (DTSC) has released its Draft Three Year Priority Product Work Plan (2018-2020).  The Plan indicates that it will “address exposures from harmful chemicals that migrate from consumer products into food.”

DTSC identifies as “Candidate Chemicals” in food contact materials:  (1) Bisphenol A and Bisphenol S as a “constituent in plastic resin lining food and beverage cans,” (2) perfluoroalkyl and polyfluoroalkyl substances which “create grease-proof and water-proof coatings for food packaging;” (3) phthalates as plasticizers; and (4) styrene as a “constituent of polystyrene and rubber products.”

Five NGOs (i.e., the Center for Environmental Health (CEH), Environmental Working Group (EWG), Clean Water Action (CWA), Breast Cancer Prevention Partners, and UpStream) submitted comments supporting the inclusion of food contact materials in the Draft Work Plan.  DTSC will now develop information through research, information call-ins, and public workshops to decide whether to regulate food packaging as a Priority Product.  To date, only children’s foam-padded sleeping products containing tris (1,3-dichloro-2-propyl) phosphate (TDCPP) or tris (2-chloroethyl) phosphate (TCEP) have been officially regulated as a Priority Product, effective July 1, 2017.)

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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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