When is packaging mandatory for food safety
The question is not 'should we use food-safe materials' but 'does this material come into contact with food': contact is mandatory, non-contact is optional.
It is mandatory to use food-safe materials when the material comes into direct contact with food, or indirectly through a layer that has the potential for migration (meaning substances from the packaging diffuse into the food). This is not an optional upgrade but a legal threshold: materials must not harm health and must not alter the smell, color, or composition of the product. All materials that make up the contact layer, including inks, adhesives, and coatings, are subject to this requirement, not just the base material.
- Packaging that directly contacts food.
- Inner layer at risk of contamination.
- export requires FDA or EU documentation
- products that do not come into contact with food
- using market certifications from one market for another
Food contact packaging materials are a legal threshold, not an aesthetic choice. The framework principle in Regulation (EC) No 1935/2004 clearly states: materials in contact with food must not harm health and must not alter the smell, composition, color, or taste of the food. The first question Sinh Vũ always asks when receiving a food packaging project is: does the innermost layer of this packaging come into direct or indirect contact with food? That answer determines the entire direction for material selection and the legal documentation that needs to be prepared.
Two mandatory situations
There are two situations with no gray areas:
- Direct contact: coffee bags, cake packaging, fresh food containers, inner lining of tin boxes. The innermost layer materials must meet food safety standards according to the market.
- Indirect contact with a risk of contamination: when there is a thin layer separating but that layer allows substances to diffuse through. In this case, the indirect contact layer must still be checked and documented.
The outermost layer is used for printing labels, does not come into contact with food, meets specific labeling requirements, and does not necessarily adhere to food safety standards. However, the ink and adhesive between the layers can still migrate, so it should not be overlooked.
Deciding factors for which standard to apply
- Sales market: domestic according to the regulations of the Vietnamese Ministry of Health, exporting to the US according to FDA, exporting to Europe according to EU. The documentation and list of permitted materials cannot be shared and must be defined beforehand.
- Type of food: dry, moist, oily, hot, or cold determines the type of simulation used in migration testing and the applicable limits. This part belongs to the laboratory, not to be judged when creating the file.
- All material systems: base materials, inks, adhesives, and coatings must be compatible, not just the paper or plastic film.
Export food: Must determine FDA or EU requirements before finalizing materials. These two systems have different lists of permitted substances and contamination limits. Materials approved by the FDA do not automatically meet EU standards and vice versa.
Common mistakes when selecting materials
- Only ask "is the base material up to standard" while forgetting to ask about ink, adhesive, and coating. A sheet of paper that meets printing standards with regular ink can still violate food safety requirements.
- Using certification from one market to apply to another for convenience, not for validity.
- No retention of the Declaration of Conformity from material suppliers. When inspection agencies request it, lacking documentation cannot prove compliance even if the actual materials meet standards.
- To decide on materials after the design is completed. When discovering that the intended materials do not have valid documentation, the entire die-cut and layout must be redone.
Food contact materials must not harm health and should not alter the smell, composition, color, or taste of the food.
Regulation (EC) No 1935/2004, European Commission
The viewpoint of Sinh Vũ
Sinh Vũ checks compliance at the stage of creating the die-cut mold, before the file goes to print. For food labels according to the Ministry of Health, cosmetics according to EU standards, or OCOP projects, the step of confirming valid materials always comes before finalizing colors and printing materials. This avoids situations where the design is complete but cannot be produced because the printer lacks the corresponding standard materials.
The part for testing contamination and issuing compliance declarations falls to the material suppliers and accredited laboratories. Sinh Vũ acts as the creative director: asking the right questions, requesting the correct documentation from suppliers, and knowing when to involve legal material experts. In borderline cases, such as indirectly contacting packaging or recycled materials, this is a point that should not be self-judged but requires input from testing laboratories or legal material consultants for the specific target market.
Decision checklist
Topic: When food safety materials are mandatory. Sinh Vũ guide, sinhvu.com
Select each item you find appropriate, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
References
Regulation (EC) No 1935/2004, European Commission. Regulation (EU) No 10/2011, EUR-Lex (original text, Intertek interpretation). FDA Recycled Plastics in Food Packaging. Sinh Vũ's practical experience through the OCOP label project, EU cosmetics, and food according to the Ministry of Health of Vietnam.
Frequently asked questions
The base material has met standards, is there a need for additional concerns?
Yes. Printing inks, adhesives, and coatings must also be suitable for food contact, not just the base materials. A compliant sheet of paper printed with standard inks can still violate food safety requirements. You need a Declaration of Conformity for the entire material system, not for each individual layer.
Is FDA certification applicable for the EU market?
Not being compatible. The FDA and EU have different lists of permitted materials and contamination limits. Materials that meet FDA standards do not automatically meet EU standards and vice versa. You need to identify the target market before selecting materials and requesting documentation from suppliers; this step should not be left until after printing.
Do dry foods have lower requirements than wet or oily foods?
There are differences, but that does not mean that dry food is exempt from food safety requirements. The type of food, moisture content, fat content, and exposure temperature determine the simulation quality and the contamination limits applied in testing. This is something that needs to be defined by the laboratory, not a judgment made when selecting materials.