Under current regulation, the selection of materials to be used in food packaging lies solely with the food and/or packaging manufacturers. Although a regulation exists prohibiting the use of packaging that could transfer harmful chemicals to the food, as does a framework for Health Canada to conduct premarket assessment on such materials, an assessment is conducted only if a request is voluntarily submitted.
With packaging materials continually evolving and the use of recycled plastics and their technologies expected to escalate due to Canada’s focus on a circular plastics economy, Health Canada (HC) does not see the current voluntary process as facilitating its oversight of the increasing complexity or enabling it to be responsive to emerging or potential risks.
Because of this, HC is proposing that mandatory notifications be submitted for the food contact materials (FCM) to be used on any food sold in Canada for assessment by HC. The notifications would be submitted through an online portal and need to include information on the chemical composition of all substances in the FCM and its expected distribution in Canada. FCMs are considered to be the part or parts of a finished FCM that are in direct contact with food or may contain chemicals that could migrate into food, and include foodservice ware (e.g., containers, straws, utensils) for prepared foods. Materials separated from food by an effective impermeable barrier (i.e., no contact with the food) would not be subject to notification.
From its assessment outcomes, HC intends to develop a public knowledge base. Along with materials approved through the new format, it would include previous evaluations of favourable opinions (approved through Letters of No Objections [LONOs]), decisions from other jurisdictions (when applicable to the Canadian context), and potentially other relevant chemical safety evaluations (e.g., from the Chemicals Management Plan).
Submitted notifications would be referenced against the knowledge base FCMs and relevant conditions of use. Those that match these would receive a Notification Number and abbreviated LONO; those that don’t match would trigger an HC evaluation. If assessed favourably, the knowledge base would be amended and a Notification Number and LONO provided.
A stakeholder can also search the knowledge base themself and request an amendment for an FCM that is not present with the submission of adequate supporting information. HC would evaluate the submission and amend the knowledge base, if applicable.
A number of aspects in the consultation currently remain under review. HC is still determining:
- Who would be responsible for submitting the notification (e.g., food manufacturers brand owners, importers, or retailers).
- Whether the outcomes based on the knowledge base would be administrative/guidance-based, or if set as a regulation as a “positive list” that the FCM must comply with.
- Whether it will implement a tiered review process based on risk.
- Whether notifications must be received prior to distribution in Canada, or if within a defined timeframe post-sale would be acceptable.
HC is proposing a five-year phase-in period, after which it would evaluate compliance and functionality of the framework and propose adjustments, as needed. The agency plans to hold another public consultation on the proposed food packaging framework between November 2026 and January 2027. Pending those outcomes, recommendations for a mandatory food packaging framework will be internally considered by Spring 2027.
Regardless of the determinations on the aspects under review and the recommendations for the final framework, it is critical that all food sellers understand that they are responsible for the safety of the food they sell. And that includes any health risks that could be associated with the food packaging. Thus, it is prudent to fully understand the materials being used in your packaging, particularly any that contact the food, and ensure they are safe for the condition of use.
If you have questions on your packaging, or Canadian regulations in general, give TAG Canada a call. We have experts who can help. In summary, with packaging materials continually evolving and the use of recycled plastics and their technologies starting to escalate, HC is proposing that mandatory notifications be submitted for the FCM to be used on any food sold in Canada for assessment by HC. This is a shift from the current voluntary assessments currently in play. Through these assessments, a public knowledge base will be created. Stakeholders will have access and be able to check their products before submitting for assessment. Many aspects of this program still remain under review; however, one thing remains: it is critical that all food sellers understand that they are responsible for the safety of the food they sell and this includes any packaging in contact with the food.
