Food Contact Legislation in ASEAN

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!""#$%"&'()'$*+,-./('-"&$!""#$%"&'()'$*+,-./('-"&$-&$01203-&$01203

Sumalee Tangpitayakul

Department of Science Service

Thailand

E-mail: sumalee@dss.go.th

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!""#$%"&'()'$*+,-./('-"&$!""#$%"&'()'$*+,-./('-"&$-&$01203-&$01203

Sumalee Tangpitayakul

Department of Science Service

Thailand

E-mail: sumalee@dss.go.th

!"#$%#&"

2

AMC (Asean Member Country)

! Brunei Darussalam

! Cambodia

! Indonesia

! Lao PDR

! Malaysia

! Myanmar

! Philippines

! Singapore

! Thailand

! Vietnam

!"#!$%&%"'()*+%,-./+0%

! The ASEAN Economic Community (AEC)

emanates from the ASEAN Leaders– vision to

transform ASEAN into a single market and

production base that is highly competitive and

fully integrated into the global community by 2015

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AMC (Asean Member Country)

! Brunei Darussalam

! Cambodia

! Indonesia

! Lao PDR

! Malaysia

! Myanmar

! Philippines

! Singapore

! Thailand

! Vietnam

!"#!$%&%"'()*+%,-./+0%

! The ASEAN Economic Community (AEC)

emanates from the ASEAN Leaders– vision to

transform ASEAN into a single market and

production base that is highly competitive and

fully integrated into the global community by 2015

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! Established by ASEAN Economic Ministers

! The Objective ACCSQ

" Implementation of the ASEAN Framework Agreement on Mutual Recognition Arrangements;

" Harmonization of standards;

" Enhancement of standards and conformity assessment infrastructure in Member Countries;

" Transparency of standards, technical regulations and conformity assessment regimes in the region!

ASEAN Consultative Committee on Standard and Quality of Product – Prepared Food Product Working Group

!""#$%!#&!'(")*+,-./.012(")330..22()*(#./*4/54(/*4($,/-0.6! "##$%& The ASEAN Consultative Committee for Standards

and Quality (ACCSQ) formed to facilitate and complement

the ASEAN Free Trade Area (AFTA)

! "##'- ASEAN regulatory bodies authorized to achieve

mandate of eliminating technical barriers to trade.

! "##(- Efforts to harmonize regulatory requirements

amongst ASEAN was initiated through the (ACCSQ)

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! Established by ASEAN Economic Ministers

! The Objective ACCSQ

" Implementation of the ASEAN Framework Agreement on Mutual Recognition Arrangements;

" Harmonization of standards;

" Enhancement of standards and conformity assessment infrastructure in Member Countries;

" Transparency of standards, technical regulations and conformity assessment regimes in the region!

ASEAN Consultative Committee on Standard and Quality of Product – Prepared Food Product Working Group

!""#$%!#&!'(")*+,-./.012(")330..22()*(#./*4/54(/*4($,/-0.6! "##$%& The ASEAN Consultative Committee for Standards

and Quality (ACCSQ) formed to facilitate and complement

the ASEAN Free Trade Area (AFTA)

! "##'- ASEAN regulatory bodies authorized to achieve

mandate of eliminating technical barriers to trade.

! "##(- Efforts to harmonize regulatory requirements

amongst ASEAN was initiated through the (ACCSQ)

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! 8 working Groups under ACCSQ

" JSCEE (Joint Sectoral Committee for AHEEERR)

" ACC (ASEAN Committee on Cosmetic)

" PPWG (Pharmaceutical Product Working Group)

" PFPWG (Prepared Foodstuff Product Working Group)

" APWG (Automotive Product Working Group)

" RBPWG (Rubber-based Product Working Group)

" MDPWG (Medical Devices Product Working Group)

" TMHSPWG (Traditional Medicine & Health Supplement Product

Working Group)

ASEAN Consultative Committee on Standard and Quality ASEAN Consultative Committee on Standard and Quality of Product of Product –– Prepared Foodstuff Product Working GroupPrepared Foodstuff Product Working Group

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! Singapore - ARL for mycotoxin and pesticide residues in

fruit and vegetable

! Malaysia - ARL for GMO

! Thailand - Veterinary drug residue in fish and fishery

product

- heavy metal

! Vietnam - microbiology

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! 8 working Groups under ACCSQ

" JSCEE (Joint Sectoral Committee for AHEEERR)

" ACC (ASEAN Committee on Cosmetic)

" PPWG (Pharmaceutical Product Working Group)

" PFPWG (Prepared Foodstuff Product Working Group)

" APWG (Automotive Product Working Group)

" RBPWG (Rubber-based Product Working Group)

" MDPWG (Medical Devices Product Working Group)

" TMHSPWG (Traditional Medicine & Health Supplement Product

Working Group)

ASEAN Consultative Committee on Standard and Quality ASEAN Consultative Committee on Standard and Quality of Product of Product –– Prepared Foodstuff Product Working GroupPrepared Foodstuff Product Working Group

!"#!$%&'(')'*+'%,-./)-0/)1'2345467

! Singapore - ARL for mycotoxin and pesticide residues in

fruit and vegetable

! Malaysia - ARL for GMO

! Thailand - Veterinary drug residue in fish and fishery

product

- heavy metal

! Vietnam - microbiology

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!"#$%&$'"$())*+$,-.-/0$1'$21314'15$67897#:;1$217<14=$>&%&

! Thailand has proposed to be ARL in the area of

food contact materials in the meeting.

!"#$%&'()('("*$+,$%-.%/$0","1"2&"$345+14'+1#!'(Provide training and technical advise and

service to ASEAN member countries (AMC)

)'To become resource and information centres by linking to existing platforms and networks

*'(To coordinate inter-laboratory comparisons or proficiency testing in the ASEAN region

4. To become resource centres for certified reference materials (CMRs)#(reference materials

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!"#$%&$'"$())*+$,-.-/0$1'$21314'15$67897#:;1$217<14=$>&%&

! Thailand has proposed to be ARL in the area of

food contact materials in the meeting.

!"#$%&'()('("*$+,$%-.%/$0","1"2&"$345+14'+1#!'(Provide training and technical advise and

service to ASEAN member countries (AMC)

)'To become resource and information centres by linking to existing platforms and networks

*'(To coordinate inter-laboratory comparisons or proficiency testing in the ASEAN region

4. To become resource centres for certified reference materials (CMRs)#(reference materials

!"#$%#&"

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The 11th meeting of ACCSQ-PFPWG

! Held in Manila, Philippines 15-16 July 2010

! The meeting agreed in principle for the establishment of ARLs on food contact materials and food material.

! Request Thailand to survey of Food Contact

Materials standard and legislation among ASEAN

member countries

! Six data from ten countries response the questionnaire except

" Laos

" Vietnam

" Myanmar

" Cambodian

ASEAN Consultative Committee on Standard and Quality of Product – Prepared Food Product Working Group

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The 11th meeting of ACCSQ-PFPWG

! Held in Manila, Philippines 15-16 July 2010

! The meeting agreed in principle for the establishment of ARLs on food contact materials and food material.

! Request Thailand to survey of Food Contact

Materials standard and legislation among ASEAN

member countries

! Six data from ten countries response the questionnaire except

" Laos

" Vietnam

" Myanmar

" Cambodian

ASEAN Consultative Committee on Standard and Quality of Product – Prepared Food Product Working Group

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System to regulate the safety of food packaging in ThailandSystem to regulate the safety of food packaging in Thailand

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System to regulate the safety of food packaging in ThailandSystem to regulate the safety of food packaging in Thailand

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!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#!""#$%"&'(")$*&$+,-*)-&#

Converter

Raw material Food packer

Food packaging

Food Act 1979

http!""www#qmaker#com"fda"new"web_cms"

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Converter

Raw material Food packer

Food packaging

Food Act 1979

http!""www#qmaker#com"fda"new"web_cms"

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! Thailand has 1 Notification (No. 92) – metal

container,ceramic wares

! Plastic packaging

" Thailand has 2 Notifications under Food Act (1979)

regulated plastic packaging

! Notification No.117- Feeding Bottle

! Notification No.295- regulated 11 kinds of plastic based

on Specifications, Standards and Testing Methods for

Foodstuffs, Implements, Containers and Packaging,

Toys, Detergents (JETRO, 2008) and prohibited to use

DEHP as plasticizer in cling film (Thai Industrial

Standard No. 1136- 1973)

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! Thailand has 1 Notification (No. 92) – metal

container,ceramic wares

! Plastic packaging

" Thailand has 2 Notifications under Food Act (1979)

regulated plastic packaging

! Notification No.117- Feeding Bottle

! Notification No.295- regulated 11 kinds of plastic based

on Specifications, Standards and Testing Methods for

Foodstuffs, Implements, Containers and Packaging,

Toys, Detergents (JETRO, 2008) and prohibited to use

DEHP as plasticizer in cling film (Thai Industrial

Standard No. 1136- 1973)

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! There are 3 Ministries regulate food

packaging materials:

! Ministry of Public Health – FDA,Department

of Medical Science

! Ministry of Industry

! Ministry of Science and Technology-

Department of Science Service

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Notification No.117 (1989)

! use polycarbonate as baby milk bottle

! Amendment the concentration of Bisphenol A which is release from polycarbonate bottle = 300 ppb

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! There are 3 Ministries regulate food

packaging materials:

! Ministry of Public Health – FDA,Department

of Medical Science

! Ministry of Industry

! Ministry of Science and Technology-

Department of Science Service

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Notification No.117 (1989)

! use polycarbonate as baby milk bottle

! Amendment the concentration of Bisphenol A which is release from polycarbonate bottle = 300 ppb

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Notification No.295-2005

Types of plastic use for general food

! Polyvinyl chloride (PVC)

! Polyethylene (PE) &

Polypropylene (PP)

! Polystyrene (PS)

! Polyvinyllidene chloride (PVDC)

! Polyethylene terephthalatle'(PET)

! Polycarbonate (PC)

! Nylon (PA)

! Polyvinyl alcohol (PVA)

! Polylmethyl methacrylate

(PMMA)

! Polymethyl pentene (PMP)

! Melamine

!"#$%&'()*+,$#-%.+#'(#,(%&'*+$+)+/%0!&.&1! has developed many voluntary Standards related

to food plastic packaging such as!cling film, milk

plastic packaging, fat and oil plastics containers,

packaging films for milk and milk products,

microwavable plastics food packaging, etc.

! 2 compulsory standards

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Notification No.295-2005

Types of plastic use for general food

! Polyvinyl chloride (PVC)

! Polyethylene (PE) &

Polypropylene (PP)

! Polystyrene (PS)

! Polyvinyllidene chloride (PVDC)

! Polyethylene terephthalatle'(PET)

! Polycarbonate (PC)

! Nylon (PA)

! Polyvinyl alcohol (PVA)

! Polylmethyl methacrylate

(PMMA)

! Polymethyl pentene (PMP)

! Melamine

!"#$%&'()*+,$#-%.+#'(#,(%&'*+$+)+/%0!&.&1! has developed many voluntary Standards related

to food plastic packaging such as!cling film, milk

plastic packaging, fat and oil plastics containers,

packaging films for milk and milk products,

microwavable plastics food packaging, etc.

! 2 compulsory standards

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!"#$%&'()*+,-%.+#'(#,(%&'*+$+)+/! Product certification according to TIS: Product

certification schemes of TISI consists of two types with

different certification marks: voluntary certification

mark and mandatory certification mark

! TIS 1136: Cling film

! TIS 2440: Stainless steel: seam stock pot

Compulsory Voluntary

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!"#$%&'()*+,-%.+#'(#,(%&'*+$+)+/! Product certification according to TIS: Product

certification schemes of TISI consists of two types with

different certification marks: voluntary certification

mark and mandatory certification mark

! TIS 1136: Cling film

! TIS 2440: Stainless steel: seam stock pot

Compulsory Voluntary

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Department of Science Service

! Since November 2010, Department of Science Service'is the official governmental

organization which issue the Certificate of Analysis for Food Contact Materials'for Thai exporter

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! No regulated plastic packaging

! specification of canned food: heavy metal in canned food

such as lead, cadmium

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Department of Science Service

! Since November 2010, Department of Science Service'is the official governmental

organization which issue the Certificate of Analysis for Food Contact Materials'for Thai exporter

!"#$%&

! No regulated plastic packaging

! specification of canned food: heavy metal in canned food

such as lead, cadmium

!"#$%#&"

16

!"#$"%&'(! regulated 11 kinds of plastic based on Specifications,

Standards and Testing Methods for Foodstuffs,

Implements, Containers and Packaging, Toys, Detergents

(JETRO, 2008)

! the regulation does not cover every parameter according to

JETRO, 2008

! regulated in some plastic such as vinyl chloride monomer

in PVC.

! regulated Bisphenol A leaching from lacquered can

! regulated Plasticizers such as phthalates

)(*(+&'(" Regulations ,-./, specified under the Food Act ,-.012" Prohibited Use of Harmful Packages

! yield to its contents, any toxic, injurious or tainting

substance, or which contributes to the deterioration of the

food

!"#$%#&"

16

!"#$"%&'(! regulated 11 kinds of plastic based on Specifications,

Standards and Testing Methods for Foodstuffs,

Implements, Containers and Packaging, Toys, Detergents

(JETRO, 2008)

! the regulation does not cover every parameter according to

JETRO, 2008

! regulated in some plastic such as vinyl chloride monomer

in PVC.

! regulated Bisphenol A leaching from lacquered can

! regulated Plasticizers such as phthalates

)(*(+&'(" Regulations ,-./, specified under the Food Act ,-.012" Prohibited Use of Harmful Packages

! yield to its contents, any toxic, injurious or tainting

substance, or which contributes to the deterioration of the

food

!"#$%#&"

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!"#"$%&"! Safety of Packaging for food

" Imparting lead, antimony, arsenic, cadmium or any

other toxic substance to any food prepared, packed,

stored, delivered or exposed in it

! Prohibited to use Polyvinyl Chloride Package

Malaysia

! Prohibited to use Polyvinyl Chloride Package contain

" More than 1 mg/kg of VCM

" contain'more than 0.05 mg/kg of VCM in food itself

! Recycle package

" prohibited to use recycled package for certain foods such as

sugar, flour,and edible oil

" Package for product of swine origin shall not be used for

food of nonswine origin

!"#$%#&"

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!"#"$%&"! Safety of Packaging for food

" Imparting lead, antimony, arsenic, cadmium or any

other toxic substance to any food prepared, packed,

stored, delivered or exposed in it

! Prohibited to use Polyvinyl Chloride Package

Malaysia

! Prohibited to use Polyvinyl Chloride Package contain

" More than 1 mg/kg of VCM

" contain'more than 0.05 mg/kg of VCM in food itself

! Recycle package

" prohibited to use recycled package for certain foods such as

sugar, flour,and edible oil

" Package for product of swine origin shall not be used for

food of nonswine origin

!"#$%#&"

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!"#"$%&"! Recycle package

" Prohibit to bring non bottle package to use again

" Any bottle that has previously been used for alcoholic

beverage or shandy shall not be used for any food, other

than alcoholic beverage and shandy.

" prohibit to use packaging material previously for milk,

soft drink, alcoholic beverage or shandy, vegetable, fish

or fruit, and polished rice

!"#"$%&"! Recycle package

" allow to use for certain kind of recycling for similar

product such as polycarbonate contain mineral water

(not less than 20 liter)

" glass bottles that have been used for alcoholic beverage

or shandy can be used for the same purpose

" Box or crates can be recycle for contain vegetable and

food

! Package/container bear any mark and label shall be use

for that particular food as shown by such mark or label

!"#$%#&"

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!"#"$%&"! Recycle package

" Prohibit to bring non bottle package to use again

" Any bottle that has previously been used for alcoholic

beverage or shandy shall not be used for any food, other

than alcoholic beverage and shandy.

" prohibit to use packaging material previously for milk,

soft drink, alcoholic beverage or shandy, vegetable, fish

or fruit, and polished rice

!"#"$%&"! Recycle package

" allow to use for certain kind of recycling for similar

product such as polycarbonate contain mineral water

(not less than 20 liter)

" glass bottles that have been used for alcoholic beverage

or shandy can be used for the same purpose

" Box or crates can be recycle for contain vegetable and

food

! Package/container bear any mark and label shall be use

for that particular food as shown by such mark or label

!"#$%#&"

19

!"#$#%%#&'(! regulated 11 kinds of plastic based on Specifications,

Standards and Testing Methods for Foodstuffs,

Implements, Containers and Packaging, Toys, Detergents

(JETRO, 2008)

! Food packed in glass jar with metal lid and PVC gasket

can be related to Closures with sealing gaskets for food

containers of the US Code of Federal Regulations Title 21

Part 177.1210.

!"#$#%%#&'(! There are also standards for food-contact packages with

materials of glass, ceramics and enamelled, synthetic

resin in general, phenolic resin, melamine resin and urea

resin, synthetic resin made from formaldehyde,

polymethyl methacrylate, polymethyl pentene,

polycarbonate, and rubber (except nursing utensils).

! list of positive of authorized substances for food-contact

materials, the Code of Federal Regulations Title 21 is

used as a reference

!"#$%#&"

19

!"#$#%%#&'(! regulated 11 kinds of plastic based on Specifications,

Standards and Testing Methods for Foodstuffs,

Implements, Containers and Packaging, Toys, Detergents

(JETRO, 2008)

! Food packed in glass jar with metal lid and PVC gasket

can be related to Closures with sealing gaskets for food

containers of the US Code of Federal Regulations Title 21

Part 177.1210.

!"#$#%%#&'(! There are also standards for food-contact packages with

materials of glass, ceramics and enamelled, synthetic

resin in general, phenolic resin, melamine resin and urea

resin, synthetic resin made from formaldehyde,

polymethyl methacrylate, polymethyl pentene,

polycarbonate, and rubber (except nursing utensils).

! list of positive of authorized substances for food-contact

materials, the Code of Federal Regulations Title 21 is

used as a reference

!"#$%#&"

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!"#$%&'()! regulated on food containers and packaging

materials under Food Regulations *+,, Chapter -,./Section 012under Part III/2.3

! container under the regulation includes any form of packaging

!"#$%&'()! 2The following PVC package container are

prohibited

" yield more than 0.05 ppm. Vinylchloride monomer

" yield22compound known to be carcinogenic, mutagenic, teratogenic or any other poisonous

" release lead, antimony, arsenic, cadmium other toxic substance to food

!"#$%#&"

20

!"#$%&'()! regulated on food containers and packaging

materials under Food Regulations *+,, Chapter -,./Section 012under Part III/2.3

! container under the regulation includes any form of packaging

!"#$%&'()! 2The following PVC package container are

prohibited

" yield more than 0.05 ppm. Vinylchloride monomer

" yield22compound known to be carcinogenic, mutagenic, teratogenic or any other poisonous

" release lead, antimony, arsenic, cadmium other toxic substance to food

!"#$%#&"

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!"#$%&'("#)*+",)-./-0),1,21+)$"&#3+(1'! Harmonized standards should be developed based on the

available international standard

! There should be harmonized standards for Pb, Cd, Cr+6

Bisphenol A, VCM, formaldehyde for SML with in

ASEAN member countries

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