On May 30, 2024, the U.S. Food and Drug Administration (FDA) announced the approval for a reorganization plan designed to enhance its oversight and protection of the human food supply. This initiative includes the establishment of a unified Human Foods Program (HFP) and a new model for field operations. The implementation is currently set for October 1, 2024.
The new HFP will integrate functions of the Center for Food Safety and Applied Nutrition, the Office of Food Policy and Response, and key elements from the Office of Regulatory Affairs (ORA). The latter will change its name from ORA to the Office of Inspections and Investigations (OII) to better reflect the realigned focus of inspections, investigations, and imports, and “provides real-time insights and science-based evidence necessary to ensure the safety and quality of products Americans depend on.”
The reorganization aligns with recent legislative mandates, including the FDA Food Safety Modernization Act and the Food and Drug Omnibus Reform Act of 2022 which require the establishment of the Office of Critical Foods and modernization of cosmetics regulation.
According to reporting from Chemical Watch on June 25, 2024, the FDA is monitoring the phase-out of per- and polyfluoroalkyl substances (PFAS) from grease-resistant paper food packaging. This follows a February announcement that manufacturers have ceased selling PFAS-containing grease-repellent coatings due to safety concerns.
The agency expects the phase-out to significantly minimize PFAS exposure from authorized food contact uses (FPF reported). Since March, the FDA has been collecting and testing food packaging samples to assess the presence of PFAS, with results expected by September. In total, 150 samples of coated and non-coated food contact papers and molded-fiber materials will be analyzed (FPF reported). Items of interest include microwave popcorn bags, butter wraps, frozen entrée trays, and boxes for fatty foods.
Some major restaurant chains have already switched to PFAS-free packaging, with many states having enacted bans on these chemicals (FPF reported). In case of Maine, PFAS-containing fiber food packaging will be banned from May 25, 2026 onward, while Rhode Island has set its ban on using PFAS in food packaging and processing for 2027. Certain states, including Vermont, Connecticut, and Colorado are expanding their respective PFAS bans to include cookware, as reported by Packaging Law.
Moreover, the FDA plans to publish a food chemical work plan by the end of 2024. This will detail substance assessment activities and a draft revision of its chemistry recommendations for food contact substance premarket submissions, according to Chemical Watch. This document will serve as guidance for businesses in assessing whether their products are generally recognized as safe (GRAS). To reflect modern packaging trends, the FDA plans to halve the recommended food mass to packaging surface area ratio, potentially doubling the calculated migration of substances to food and increasing the required safety data for no-migration or GRAS claims.
References
U.S. Food and Drug Administration (May 30, 2024) “FDA’s Reorganization Approved for Establishing Unified Human Foods Program, New Model for Field Operations and Other Modernization Efforts.”
Julia John (June 21, 2024) “US FDA checks market removal of PFAS coatings from paper food packaging.” Chemical Watch
Julia John (June 25, 2024) “Maine prohibitions on PFAS in food packaging to begin in May 2026.” Chemical Watch
Kelly Franklin (June 20, 2024) “Rhode Island delays PFAS food packaging ban until year end.”
Packaging Law (June 25, 2024) “Several states expand PFAS bans to include cookware.”
