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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

 

Ref : EIC 111/2/19

18 January 2007

Dear Sirs,

Commercial Information Circular No. 48/2007

US : Final rule on Food Packaging Treated with a Pesticide

The US Environmental Protection Agency (EPA) has recently issued a final rule which excepts from the definition of "pesticide chemical" and "pesticide chemical residue" under federal laws, food packaging (e.g. paper and paperboard, coatings, adhesives and polymers) that is treated with pesticide. The final rule will come into effect from 5 February 2007. A copy of the FR notice is appended to this circular for reference.

DETAILS

  1. The EPA is responsible for regulating all pesticide products, while the Food and Drug Administration (FDA) is responsible for regulating food packaging. However, EPA's responsibility to regulate food packaging as pesticide product would overlap with FDA's role. In order to eliminate the duplicative jurisdiction, the EPA issued the final rule to except from the definition of "pesticide chemical" and "pesticide chemical residue" under Federal Food, Drug and Cosmetic Act (FFDCA), food packaging (e.g. paper and paperboard, coatings, adhesives and polymers) that is treated with pesticide. As a result, such products will be regarded as food additives under FFDCA rather than pesticidal chemical residues and will be subject to regulation by the FDA. Nonetheless, it is important to note that this rule only applies to a very small subset of food packing materials: pesticide-treated food packaging distributed or sold with the purpose of controlling pests. Food packaging that is not distributed or sold to control pests is not a pesticide and is not subject to this rule.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5403.


Yours faithfully,

 


(Miss WONG Ying)
for Director-General of Trade and Industry



Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.