List of Ten Food Contact Chemicals of High Concern Published in Maine, USA

SGS, the world’s leading testing, inspection and certification company, is advising stakeholders that the US state of Maine’s Department of Environmental Protection (DEP) has published its first list of food contact chemicals of high concern (FCCHC).

In December 2021, the DEP made two important announcements in relation to Maine’s ‘Toxic Chemicals in Food Packaging’ legislation. These were:

  • Notice of Enforcement Discretion Regarding Maine’s Prohibition on the Use of Phthalates in Food Packaging – the DEP plans to undertake routine technical rulemaking in 2022. Due to the ongoing global pandemic and related supply chain disruptions, it will exercise its enforcement discretion on the prohibition of phthalates in food packages under 32 MRSA §1733(3-A) during the routine technical rulemaking period. This enforcement discretion will be evaluated when the relevant rule is promulgated or by July 31, 2022 (within six months from effective date of prohibition), whichever occurs sooner
  • Published list of 10 FCCHC:
  1. Bisphenol A (BPA), bisphenol B (BPB), Bisphenol S (BPS), bisphenol F (BPF) – reportable as one group of substances
  2. 4-Octylphenol (OP)
  3. Octamethyl cyclotetrasiloxane (D4)
  4. Toluene
  5. Styrene
  6. Benzene
  7. Methylenedianiline (
  8. Methyl paraben, ethyl paraben, propyl paraben, b
  9. Benzophenone
  10. Nonylphenol (NP)

To learn more about these chemicals and their applications, stakeholders should read SGS’s original SafeGuard 022/22.

‘Toxic Chemicals in Food Packaging’ legislation (LD 1433) was approved in 2019. It contains provisions to ban the use of phthalates in food packaging, including disposable plastic food service gloves. It directs DEP to:

  • Prohibit per- and polyfluoroalkyl substances (PFAS) in food packages by rule subject to availability of safer alternatives
  • Publish list of no more than ten FCCHCs

The Commissioner of Environmental Protection (CEP) was also directed to designate FCCHCs as a priority food contact chemical (PFCC) for reporting purposes.

The ban on phthalates in food packaging came into effect on January 1, 2022

SGS Food Contact Material Services

SGS’s technical experts have extensive experience of testing materials and articles in contact with food. They can ensure that your products meet the appropriate regulations for food contact materials and pave the way for compliance. SGS offers the full range of testing, including migration tests, along with expert advice on emerging regulations, compliance issues and documentation review. In the end, it’s only trusted because it’s tested. Learn more about SGS’s Food Contact Material Services.

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full Maine, USA, Issues List of Food Contact Chemicals of High Concern SafeGuardS.

Subscribe here to receive SGS SafeGuardS direct to your inbox.

For further information contact:

Dr. HingWo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420

Email: crs.media@sgs.com

Website: www.sgs.com/hardlines

LinkedIn: sgs-consumer-goods-&-retail

About SGS

We are SGS – the world’s leading testing, inspection and certification company. We are recognized as the global benchmark for quality and integrity. Our 96,000 employees operate a network of 2,600 offices and laboratories, working together to enable a better, safer and more interconnected world.

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