Regulatory Overview on Food Contact Materials

Food Contact Materials (FCM)
New Zealand

The below version control table serves to document all updates made to the report. The purpose is to ensure the information is always accurate and up-to-date.

Overview of Relevant Texts

Regulatory Requirements on Food Contact Materials

1. General Requirements

Food Standards Australia New Zealand (FSANZ) is an independent statutory agency established by the Food Standards Australia New Zealand Act 1991 (FSANZ Act) [1]. FSANZ is responsible for developing standards for food and food contact materials in Australia and New Zealand. The Standards together make up the Australia New Zealand Food Standards Code (FSC) [2].

The FSC contains all Standards that regulate the use of ingredients, additives, and some edible chemicals in food and food contact materials. It also covers the labeling requirements and quality aspects (microbiological and chemical), with some specific Standards relating to quality control systems during food production and processing. However, as described below, not all Standards apply in both country jurisdictions. 

The FSC is organized under four chapters with a folder of Schedules: 

• Chapter 1: Introduction and standards that apply to all foods
• Chapter 2: Food standards
• Chapter 3: Food safety standards (Australia only)
• Chapter 4: Primary production standards (Australia only)
• Schedules

The provisions of the FSC that apply in New Zealand are incorporated in, or adopted under, the Food Act 2014 (NZ) [3]. These provisions are all Standards within Chapters 1 and 2 and the Schedules, with a few exceptions as shown in Table 1 below.

Table 1. Parts of the FSC that only apply in one jurisdiction

Since the safety standards in Chapter 3 of the FSC do not apply in New Zealand, the general regulatory requirements for food contact materials for that jurisdiction appear in both the FSC and in New Zealand-specific sources. A summary of the main points is provided below.

1.1 FSC requirements that apply in New Zealand

In general, the FSC rules for food contact materials used in packaging are principles-based and not prescriptive. Standard 1.1.1 [4] includes information on packaging requirements (Figure 1), including that manufacturers are required to meet any packaging requirements captured in relevant Standards (clause 1.1.1 – 10(10)) and safety requirements in the case of accidental ingestion (clause 1.1.1 – 10(11)). These apply to a food for sale, that is retail and food service packaging.

Figure 1. Clauses 1.1.1 – 10 (10 and 11) of [4]: Packaging requirements

Food imported in the packaging in which it is intended to be sold must also comply with the FSC requirements as shown below:

Figure 2. Clause 1.1.1 – 12 (2) of [4]: Packaging requirements for imported food

Standard 1.4.1 [5] and Schedule 19 [6] of the FSC provide a mechanism for FSANZ to regulate specific chemical contaminants that can migrate from packaging and may pose a risk to human health and safety. The Schedule contains maximum permitted levels for chemicals, arranged under certain foodstuffs. These contaminants are addressed regardless of their origin, that is, whether naturally occurring or from other sources. It may be observed that some of these chemicals with limitations may be originated from food contact materials, for example, vinyl chloride (PVC, PVDC), methanol (solvent impurity), acrylonitrile (SAN resins), 1,3-dichloro-2-propanol (solvent impurity), tin (from canned foods) and others. Therefore, it will be necessary to consult this Standard while using or developing food contact materials. 

FSANZ’s guidance document, “Safe Food Australia” [7] pertains to the Australia-only food safety standards in Chapter 3 of the FSC. However, it also provides further input (pages 53 to 56 of the guidance document) on the requirements under Standard 1.4.1 [5], reminding manufacturers that they should minimize chemical migration into food and ensure that any substance used in packaging will not impact the safety and suitability of the food that comes into contact with it. It shall be noted that there is no specific guidance on materials permitted for use in food contact items, apart from the provisions of Standard 1.4.1 [5]. Further relevant details on FSANZ’s ongoing work in this area are provided in section 1.3 of this report. 

Figure 3 summarizes the regulations/standards that are applied in New Zealand:

 Figure 3. Overview of relevant texts applying in New Zealand

1.2 New Zealand requirements not in the FSC

In New Zealand, the Ministry for Primary Industry (MPI) is responsible for legislation that covers all aspects of food safety, including production, processing, transport and retailing [8]. Food safety provisions are enabled under two separate safety management programs, depending upon the nature of the foodstuff:

• Businesses operating under the Food Act 2014 [3] operate under a Food Safety Programme (FSP)
• Businesses operating under the Animal Products Act 1999 [9] operate under a Risk Management Programme (RMP)

There is no approval system for packaging materials under either of these Acts, although there are mechanisms giving the MPI the ability to issue a range of notices relating to specifications or requirements for specific matters. In the case that a chemical with the potential to migrate from packaging into food is managed under the FSC, for example in [5] and [6], the MPI would not be expected to put separate controls into place and the same limits would apply in New Zealand.

Food Act 2014 (NZ)

With respect to food covered by the Food Act 2014 [3], there is no provision for approval of packaging materials. The Regulations [10] state that food packaging must maintain the safety and suitability of foods (Figure 4). The Act permits the MPI to make rules relating to food safety and these are generally managed through Food Safety Programmes, including those relating to the suitability and safety of packaging materials such as how packaging and food contact materials are stored and used in a food facility. However, there is no specific guidance on materials permitted for use in food contact items or for any quality system used by the food contact material product. 

Figure 4. Regulation 25 of [10]: Standards for packaging

For finished food products containing animal-derived ingredients (e.g. mayonnaise) that are intended for direct sales to consumers, the Food Act 2014 (NZ) would apply instead of the Animal Products Act 1999.

[Additional information - Animals Products Act 1999

The Animal Products Act 1999 [9] applies to all primary processors of animal material and animal products and some secondary processors of animal products that are intended for human or animal consumption. Figure 5 provides definitions for products in scope: 

Figure 5. Clause 4 of [9]: Interpretation

The Act describes products as ‘processed fit for intended purpose‘ (Figure 6) though this does not explicitly state any detailed packaging food contact requirements. On the other hand, the Animal Products Regulations 2021 [11] describe the use of suitable materials and also a provision for supplementary notices to further prescribe packaging requirements (Figure 7).

Figure 6. Clause 5 of [9]: Fit for intended purpose

  Figure 7. Regulations 68 and 69 of [11]: Packaging for animal products

An Animal Products Notice [12] made under Regulation 69 contains further information on packaging (Figure 8). However, this is still not prescriptive with regard to the materials used.

Figure 8. Clauses C3.5 and C3.6 of [12]: Standards for packaging 

For information, testing standards are available for purchase from Standards New Zealand (SNZ) [13], a business unit within the Ministry of Business, Innovation and Employment (MBIE). SNZ manages the development and publication of national and regional standards, as well as adopts and modifies international standards for the New Zealand market. Some Standards are shared with the Australian Standards organization. These are usually prefixed ‘AS/NZS’. Standards can be located using the “Get Standards” tool on the website [13].  

1.3 Abandoned FSANZ proposal to regulate food packaging materials  

In 2014, FSANZ commenced work on Proposal P1034 (Chemical Migration from Packaging into Food) [14] which involved scientific and technical assessment to support the consideration of measures on risk mitigation from chemicals that may migrate from packaging materials into food. At that time the FSC included the now rescinded Standard 1.4.3 – Articles and materials in contact with food [15]. Most provisions in [15] were migrated into other parts of the FSC. However, an editorial note (Figure 9) was not carried across since such notes are not legally binding.

Figure 9. Editorial note from rescinded Standard 1.4.3 [15] 

This omission is important in the context of New Zealand since the historical precedent to direct manufacturers to AS 2070-1999 [16] for information on plastics used for food contact materials no longer appears in Chapter 1 of the FSC. While still retained within Chapter 3, only Australian businesses would be applying these food safety standards. 

Following extensive consultation with industry and other stakeholders, FSANZ decided to abandon Proposal P1034. This was partially based on the results from multiple analytical surveys in both New Zealand and Australia. When examining a number of potential chemical migrations and estimated dietary exposure to these chemicals due to migration into food, the FSANZ's conclusion was that there was no public health and safety concern. More information and technical documentation from P1034 is available [14]. However, the change to rescind Standard 1.4.3 of the FSC and the note shown in Figure 9 did go ahead. 

Adapting to the changing commercial environment 

Due to the broad requirements of the FSC that food contact materials need to be ‘suitable and safe’ (refer to section 1.1. of this report) and the abandonment of Proposal P1034, the industry has generally demonstrated the suitability of their food contact materials by adopting either EU or US packaging standards and also the Australian Standard AS2070-1999 [16] (More information on [16] is provided in section 2.1.1 below). It should be noted that this Australian Standard has been ‘withdrawn’, which means that it is no longer being maintained or updated though it is still in widespread use. Therefore, it will not reflect recent changes such as the introduction of EU Regulation 2022/1616 [17] which concerns the use of recycled plastic materials. 

Current trends favoring the use of reusable, recyclable, or compostable packaging materials have led large food retailers to require compliance with the Australasian Recycling Logo (ARL) [18] which, while voluntary, is supported by both the Packaging Forum NZ [19] and the Australian Packaging Covenant (APCO) [20]. The latter organization (APCO) manages the ARL program. The ARL program is voluntary and mostly concerns the provision of recycling information for consumers using a number of consistent images to inform what consumers should do with packaging items. This and the planned phase-out of some single-use food contact materials mean that there is more awareness of the composition of food contact packaging. It is worth noting that the New Zealand Food and Grocery Council supports the adoption of the ARL [21].

2. Specific Requirements per Type of Food Contact Materials

2.1 Plastic

2.1.1 AS2070-1999

The non-binding standard AS2070-1999 [16] was developed by the Joint Standards Australia/Standards New Zealand Committee FT/8, Plastics for Food Contact in 1999 in order to ensure that plastic materials intended to become in contact with food fulfill the requirements of the FSC. It applies to: 

• Plastic packages
• Plastic food and beverage containers, lunch boxes, water bottles, and jars
• Plastic wrapping materials
• Plastic utensils

On top of plastic materials, coating and printing of plastic items also fall within the scope of the standard. This includes such items as packages, domestic containers, wrapping materials, utensils or any other plastics items intended for food contact applications.

AS2070-1999 makes reference to the US FDA Code of Federal Regulation, Title 21, Parts 170 to 199, as well as a number of EU Directives in the field of food contact plastics. Although some of these Directives are currently obsolete in Europe and have been superseded by new versions, they are still relevant in New Zealand.   

The list of EU Directives referenced in AS2070-1999 is reported below: 

• 82/711/EEC Directive laying down the basic rules necessary for testing the migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs.
• 85/572/EEC Directive laying down the list of simulants to be used for testing of migration of constituents of plastics materials and articles intended to come into contact with foodstuffs.
• 89/109/EEC Directive relating to materials and articles intended to come into contact with foodstuffs.
• 90/128/EEC Directive relating to plastic materials and articles intended to come into contact with foodstuffs. 
• • 92/39/EEC Directive amending Directive 90/128/EEC
  • 93/9/EEC Directive amending Directive 90/128/EEC
  • 93/8/EEC Directive amending Directive 82/711/EEC
  • 95/3/EC Directive amending Directive 90/128/EEC
  • 96/11/EC Directive amending Directive 90/128/EEC 
• The Council of Europe Resolution AP(89)1 on the use of colorants in plastic materials coming into contact with food.

The AS2070-1999 implies the following consequences: 

• Directives 82/711/EEC and 85/572/EEC, which set out the testing protocols for food contact plastics, have been consolidated (with some changes) in the European Regulation (EU) 10/2011, therefore compliance with the latter implies compliance with AS2070-1999.
• Directive 89/109/EEC has been replaced by Regulation (EC) 1935/2004, compliance with the latter implies compliance with AS2070-1999.
• Directive 90/128/EEC (as well as all amendments) has been replaced by Regulation (EU) 10/2011. However, as this Regulation addresses the list of authorized substances and the relevant limits, and has been frequently modified in its content, compliance with the EU Regulation may not necessarily imply compliance with AS2070-1999 (i.e. with an old version of the EU positive list). 

Other requirements are placed on non-plastic components that may be used in combination with food-contact plastics. The requirements are reported here below. 

Rework materials

Rework materials used in the manufacture of plastic items for food contact use shall be prepared from plastics that have not been used or printed and have been manufactured in compliance with the standard. Rework material may be processed outside the manufacturer’s own plant, provided that only original material is processed and returned, and that material is not contaminated with any other plastics from any other source. Rework materials shall be selected by an authorized person, and accepted by the manufacturer only in closed containers, clearly and correctly labeled; the manufacturer shall ensure that traceability of such rework materials is maintained.

Post-consumer recycled material

The original AS2070-1999 prescribes that post-consumer recycled material shall not be used in direct contact with food. This clause is now superseded by common practices that accept food contact PET made out of resins recycled in modern recycling plants, which has obtained a positive opinion from the European Food Safety Authority (EFSA) or a Letter of No Objection by the FDA. Please refer to information on EU Regulation 2022/1616 below, which is a more recent regulation concerning the use of recycled materials. In addition, New Zealand is banning certain single-use plastics, as described in section 2.1.3. below.

GMP 

GMP is not explicitly mentioned in AS2070-1999, however, all elements of GMP are contained in the standard such as traceability for original plastic raw materials, processing aids, additives and colorants, requirements on hygiene procedures, handling, packaging and storage of finished products, and labeling to identify suitability for food contact application (though no specific marking is indicated). Particular attention is put on traceability and parameters for the identification of rework materials, as specified above.

Printing inks and coatings

Printing inks should not be placed on any part of a plastic item that normally comes into contact with foodstuffs. If such contact is unavoidable, the printing ink shall meet the requirements of the ANZ Food Standards Code (i.e. should be food colorants). Coating materials shall comply with the relevant regulations of the US FDA or the European Union directives or be approved by the ANZ Food Authority for use with food. 

2.1.2. EU Regulation 2022/1616 

Non-binding EU Regulation 2022/1616 [17] came into effect in September 2022. It covers recycled materials that come into contact with foods. This is intended to support efforts in the European Union to increase plastic reuse in order to transition to a circular economy. Unlike the provisions contained in the US Code of Federal Regulation Title 21, which focuses on the types of materials used, the EU focuses on a policy designed to encourage the recycling of packaging.  

Regulation 2022/1616 excludes from its scope substances which are already regulated under Regulation 10/2011. Instead, it introduces new requirements for recycled substances. It focuses on substances that are 'incidental contaminants' that cannot be easily ruled out from an otherwise 'pure' mixture, such as oligomers and polymers. 

Regulation 2022/1616 repeals Regulation 282/2008. The majority of the new obligations are found in chapters 4 and 5. These are designed to accommodate the development, assessment, and use of novel recycling technologies. These chapters also include regulations on decontamination and other quality and safety control measures prior to packaging. The main differences to the old law are: 

• The extent of recycling technologies covered: Regulation 282/2008 only covered a limited number of recycling technologies, and excluded chemical depolymerization, the use of offcuts and scraps, and the use of barrier layers. Regulation 2022/2016 is drafted more broadly to cover existing as well as future plastic recycling technologies. 
• Requirements imposed on ‘food business operators’: Regulation 2022/2016 imposes its requirements specifically on a ‘food business operator’ who is defined as “the natural or legal persons” within a food business responsible for ensuring the food business meets food law requirements. This was not the case in the previous regulation. 
• New packaging and labeling requirements:  
  • Article 8 of Regulation 2022/2016 requires food business operators to comply with the labeling requirements set out in Article 5 (such as labeling the order of registry and batch numbers and listing the percentage content of recycled plastic). 
  • Article 9 requires food business operators to ensure that food contact materials are not contaminated with materials or substances other than those permitted by the specific recycling scheme. 
  • The regulation also prescribes other obligations when collecting and processing plastic waste for food business operators.

2.1.3 Planned phase-out of some single-use plastics

New Zealand has a program designed to ban some single-use plastic materials. This is described in the Waste Minimization Regulations [22]. Some prohibitions are already in place (Figure 10). There are a few exemptions for some uses such as drinking straws for people with medical conditions. It is recommended that the full regulation be consulted while using or developing food contact materials. In many cases, the rules also apply to recyclable, compostable, or biodegradable plastics [23]. 

Figure 10. Banned single-use materials from [22]

The New Zealand government commenced the program by starting with single-use materials that can be easily replaced by reusable items (e.g., metal spoons or reusable containers), non-plastic alternatives, or easier-to-recycle plastics (such as types 1, 2, and 5) instead of PVC and polystyrene packaging [24]. Further plastic bans are planned from mid-2025, of which there is a provisional list available [25] which is subject to change. Currently, it covers all other PVC and polystyrene food and drink packaging.

2.2 Ceramic Tableware

New Zealand has a joint Standard with Australian Standard AS 4371 denoted as AS/NZS4371:1996 [26]. This was revised and redesignated as Australian Standard AS 4371:2012 [27]. This summary uses the latter of these Standards. 

AS 4371:2012 specifies the maximum permissible migration of lead and cadmium from ceramic tableware. The following are examples of products to which the standard applies: 

• Ceramic bowls
• Ceramic knives
• Ceramic cutting boards
• Ceramic mugs 

Definitions of the articles covered by the Standard are:

• Flatware: Ceramic ware having an internal depth not exceeding 25 mm, measured from the lowest point to the horizontal plane passing through the point of overflow. 
• Hollow ware: Ceramic ware having an internal depth greater than 25 mm, measured from the lowest point to the horizontal plane passing through the point of overflow. Hollow ware is subdivided into three categories based on volume:
  1. Small: hollow ware with a capacity of 1.1 liters
  2. Large: hollow ware with a capacity > 1.1 liters
  3. Storage: hollow ware with a capacity > 3.0 liters
• Tableware: Ceramic wares comprising hollow ware, flatware, cups, and mugs that are intended to be used for the preparation, serving; and storage of food or drinks. Cups and mugs are described as small ceramic hollow ware commonly used for the consumption of beverages of elevated temperature, e.g. coffee or tea.

Testing requirements

The following attributes shall be tested, using the methods in the Standard. 

Content of Lead and Cadmium 

When an item of tableware is tested in accordance with ISO 6486-1, the amounts of Lead and Cadmium released shall not be more than the limits specified in the Table below. In the preparation and preservation of test samples in ISO 6486-1, the washing solution shall be a solution containing 0.2% of a non-acidic detergent. 

Water absorption  

When the tableware is tested in accordance with Appendix C of this standard, the mean of the results obtained for each specimen shall not exceed 0.4%.  

Chipping 

When the tableware is tested in accordance with Appendix D of this standard, there shall be no chips of glaze and/or body removed and no development of a crack, visible to the naked eye, at more than one location tested.  

Thermal shock 

When the tableware is tested in accordance with Appendix E of this standard, there shall be no cracking or glaze crazing. 

Marking

Marking is applicable, before firing, with the following: 

1. The name, trademark, or any other means of identifying the manufacturer or supplier
2. The country of origin (manufacture)

Each package or accompanying document during sales shall report: 

1. The name, trademark, or any other means of identifying the manufacturer or supplier
2. The country of origin (manufacture)
3. Any of the following terms (as appropriate for commercial/industrial grade): Commercial grade; Industrial grade; Hotel ware; Hotel-grade; Complies with AS 4371

3. Other Rules

In New Zealand, in the absence of specific local requirements on Good Manufacturing Practices for the production of food contact materials, any of the widely used international standards and guidelines could be used. These would not be binding, however, since many businesses conduct trade in overseas jurisdictions as well as New Zealand where the international standards are already in use. 

4. Summary Table

5. References

1. Food Standards Australia New Zealand Act 1991

https://www.legislation.gov.au/Details/C2018C00243/Download

2. Australia New Zealand Food Standards Code (FSC) landing page

https://www.foodstandards.gov.au/code/Pages/default.aspx

3. Food Act 2014 (NZ)

https://www.legislation.govt.nz/act/public/2014/0032/latest/whole.html#DLM2996074

4. Standard 1.1.1 – Structure of the Code and general provisions

https://www.legislation.gov.au/Details/F2023C00748/Download

5. Standard 1.4.1 – Contaminants and natural toxicants 

https://www.legislation.gov.au/Details/F2022C00972/Download

6. Schedule 19 – Maximum levels of contaminants and natural toxicants 

https://www.legislation.gov.au/Details/F2022C00979/Download

7. Safe Food Australia – A guide to the food safety standards. 4^th Edition, February 2023

https://www.foodstandards.gov.au/publications/Pages/safefoodaustralia3rd16.aspx

8. Ministry for Primary Industries (NZ) – Food safety page 

https://www.mpi.govt.nz/legal/legislation-standards-and-reviews/food-safety-legislation/introduction-to-food-safety-legislation/

9. Animal Products Act 1999

https://www.legislation.govt.nz/act/public/1999/0093/latest/whole.html#DLM33502

10. Food Regulations 2015

https://www.legislation.govt.nz/regulation/public/2015/0310/latest/whole.html#DLM6684211

11. Animal Products Regulations 

https://www.legislation.govt.nz/regulation/public/2021/0400/latest/whole.html

12. Animal Products Notice ‘Production, supply and processing’. 30 October 2023 

https://www.mpi.govt.nz/dmsdocument/50182-Animal-Products-Notice-Production-Supply-and-Processing

13. Standards New Zealand

https://www.standards.govt.nz/search/doSearch?filterby=standards

14. Proposal P1034 ‘Chemical migration from packaging into food’

https://www.foodstandards.gov.au/code/proposals/Pages/P1034ChemicalMigrationfromPackagingintoFood.aspx

15. Standard 1.4.3 – Articles and materials in contact with food (now rescinded)

https://www.legislation.gov.au/Details/F2008B00620/Download

16. AS2070-1999 Australian Standards: Plastic materials for food contact 

https://www.saiglobal.com/PDFTemp/Previews/OSH/As/as2000/2000/2070.pdf

17. Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02022R1616-20220920

18. Australasian recycling logo (note: this is managed by APCO)

https://www.arl.org.au/

19. The Packaging Forum NZ

https://www.packagingforum.org.nz/

20. Australian Packaging Covenant Organisation (APCO)

https://apco.org.au/about-apco

21. FGC and APCO partner to promote recycling label in New Zealand

https://www.packaging-gateway.com/news/fgc-apco-arl-recycling/?cf-view&cf-closed

22. Waste Minimisation (Plastic and Related Products) Regulations 2022 (NZ)

https://legislation.govt.nz/regulation/public/2022/0069/latest/LMS654278.html

23. Guidance on single-use plastic products banned or phased out from July 2023

https://environment.govt.nz/publications/plastic-products-banned-from-july-2023/#single-use-plastic-tableware-and-cutlery

24. Phasing out had-to-recycle and single-use plastics

https://environment.govt.nz/what-government-is-doing/areas-of-work/waste/plastic-phase-out/#about-the-timing-of-the-phase-outs

25. Guidance on plastic products banned from mid 2025

https://environment.govt.nz/publications/plastic-products-banned-from-mid-2025/#to-be-phased-out-from-mid-2025

26. New Zealand Standards entry for AS/NZS 4371: 1996

https://www.standards.govt.nz/shop/asnzs-43711996/

27. AS4371-2012 Australian Standards: Ceramic tableware

https://infostore.saiglobal.com/en-us/Standards/AS-4371-2012-126669_SAIG_AS_AS_267391/