Food packaging today has to do more than just protect: it must be demonstrably safe, compliant and increasingly sustainable. In this Inno-Talk podcast episode, Heike Schwertke from Innoform Testservice discusses the key challenges in food contact law – from PFAS and bisphenol A to the declaration of conformity and NIAS. The article shows what companies need to watch out for now – and where the biggest pitfalls lie.
From the lab to regulatory responsibility
Heike Schwertke has been a defining expert at Innoform Testservice for around 20 years. Her path led from classic laboratory work in the packaging industry to specialising in food contact materials and conformity.
Today she represents a field that goes far beyond chemical analysis: translating regulatory requirements into industrial practice. This combines technical understanding with legal assessment – a tension that is becoming increasingly complex for many companies.
The basis: EU food contact law for packaging
European food contact law is based on a multi-level system:
Framework Regulation (EC) No 1935/2004
This regulation applies to all materials in contact with food and defines the central requirement:
materials must not release substances in quantities that endanger health or change the food.
Plastics Regulation (EU) No 10/2011
Additional, more detailed requirements apply to plastics:
- Positive lists of permitted substances
- Migration limits
- Test specifications
This interplay of general and specific rules is central to assessing packaging.
Declaration of conformity: the backbone of the supply chain
The declaration of conformity (DoC) is the central document in food contact law. It confirms that a material meets the legal requirements and is suitable for a specific application.
Its purpose is clear:
- Passing information along the entire supply chain
- Transparency about the substances used
- Basis for risk assessment and testing
The aim is to ensure that a robust overall assessment is possible at the end of the chain – at the company placing the product on the market.
Typical contents of a declaration of conformity
- Details of the manufacturer or importer
- Description of the material
- Substances used and restrictions
- Conditions of use (type of food, temperature, time)
- Evidence of migration
Understanding migration: overall vs. specific
A decisive point in the assessment is the migration of substances into food:
Overall migration
- Considers the total amount of all migrating substances
- A measure of the material’s general inertness
Specific migration
- Assesses individual substances with limit values
- Focus on toxicological risks
Testing can be combined:
- experimental (laboratory analysis)
- theoretical (model calculations)
- physical (solubility considerations)
NIAS: the underestimated challenge
Alongside intentionally added substances, NIAS (Non-Intentionally Added Substances) play an ever greater role.
These include:
- Impurities
- Degradation products
- Reaction products
These substances arise, for example:
- through raw material impurities
- during production (e.g. extrusion)
- through ageing
The difficulty:
NIAS are often not fully known and therefore have to be identified and assessed using screening analyses.
Current regulation: bisphenol A and PFAS
Bisphenol A (BPA)
The EU has severely restricted, and largely banned, the use of BPA in food contact materials.
The current rules require:
- Proof of absence or very low concentrations
- Integration into the declaration of conformity
This is based on the reassessment of toxicological risks by authorities such as EFSA and BfR.
PFAS and PPWR
With the new Packaging and Packaging Waste Regulation (PPWR), PFAS are coming more into focus.
Key points:
- Limit values for PFAS in food packaging
- Obligation to provide proof through analytical data
- Additional documentation requirements
Specific limit values are already defined, for example:
- 25 ppb for individual PFAS
- 250 ppb for the sum of certain PFAS
The challenge:
PFAS cannot be fully captured analytically – a clear assessment remains difficult.
PPWR vs. food contact law: two worlds converging
The PPWR primarily pursues environmental goals (recycling, pollutants), while food contact law focuses on product safety.
This currently creates:
- parallel requirements
- separate declarations of conformity
- uncertainties in implementation
In the long term, stronger harmonisation is expected (“One Substance – One Evaluation”), but this process is still in its early stages.
Practical problems: where companies fail today
From Heike Schwertke’s perspective, three central weak points emerge:
1. Imports without robust data
Many declarations of conformity from third countries:
- are incomplete
- contain contradictory information
- are not based on testing
Important: importing companies bear full manufacturer responsibility.
2. Unclear substance purity
- Raw materials often contain 10–20 % unknown components
- these have to be assessed
- if data is missing, a risk arises for the entire supply chain
3. Recycled materials (recyclates)
Particularly critical:
- Accumulation of NIAS
- additional reaction products
- lack of data
Here Schwertke currently sees a clear need for development.
Paper vs. plastic: new trends, old problems
The trend towards “paperization” is leading to rising paper content in packaging.
Challenges:
- no uniform EU regulation
- complex material systems (additives, printing inks)
- higher diffusion compared to plastics
This leads to a paradoxical situation:
Plastics are often tested more strictly than paper – even though paper is not automatically safer.
Conclusion: practical recommendations
For companies in the flexpack sector, clear action points can be derived:
- Systematically check and maintain declarations of conformity
- Critically question supplier data
- Actively consider NIAS
- Combine testing strategies (theory + analysis)
- Monitor regulatory developments early
The goal remains clear: safe food packaging – despite growing regulatory complexity.
Further links
More on the topics discussed in the podcast – testing, conformity and regulation – from Innoform Testservice:
- Food-contact compliance & declaration of conformity
- Migration testing: overall and specific migration (SML)
- NIAS – don’t fear the unknown (Innoform News)
- PFAS analysis via total fluorine determination (Innoform News)
- Impact of EU Regulation 2022/1616 on flexible packaging (Innoform News)
- PPWR & recyclates: conformity and testing
FAQ
What is a declaration of conformity for packaging?
A document confirming that a material meets the legal requirements and is suitable for food contact.
What does NIAS mean?
Non-intentionally added substances that arise, for example, through impurities or production processes.
Why are PFAS in packaging problematic?
PFAS are stable, persistent substances (“forever chemicals”) with potential risks to the environment and health.
What changes with the PPWR?
Additional requirements for recycling, pollutants and documentation – especially for PFAS.
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Podcast episode & transcript
This Inno-Talk podcast episode was recorded in German. You can listen to the full episode and read the German transcript in the original German article.