FDA has included in its spring regulatory agenda a proposed rule to specifically permit FDA greater flexibility in determining food contact notifications to no longer be effective.  This proposal is intended to permit FDA to agree with a manufacturer who has ceased production of a food contact substance (FCS) to render the notification for the FCS no longer effective.  To date FDA’s position has been that there must be a safety basis for declaring a notification no longer effective.

FDA’s proposal would allow FDA to invalidate an effective notification without rendering a safety determination.  This regulatory change will allow FDA to more effectively manage the FCN process and protect the public health.  Industry should follow the predicted publication as it may represent only one of several proposals to streamline the FCN program. For the full Food Contact Report, click here. Questions? Contact us here.

Posted on 12 August 2020