How the FCN 772 Substances are Fairing During China's Transition to New Plastic Food Packaging Rules

摘要

What is clear at present is that:rn1. There will be no enforcement actions against food packaging materials that are not listed in GB 9685 before June 1, 2010, and perhaps beyond this date, provided that they are not "toxic or harmful."rn2. There may be more opportunities to add materials to the authorized GB 9685 "positive" list before formal enforcement.rn3. With respect to substances which are candidates for "grandfathering," the MOH is focusing on the "grandfathering" process now, rather than creation of a provisional list. Such a focus is beneficial to industry because "grandfathered" substances will be approved without further need for an application. This would mean that RadTech may not need to follow up its provisional listing petition for the FCN 772 substances with additional filings.rn4. Even if such substances are not added to GB 9685 through a "grandfathering" procedure, we expect that the authorities will allow sufficient time for such substances to become the subject of formal applications for approval before they would be required to be removed from the market.rn5. Thus, with respect to provisional substances, industry must remain attentive. If nominated provisional substances are not supportedrnby the MOH either through "grandfathering" or abbreviated filings, industry will no longer be able to use the substances without resorting to the Chinese FCN procedure. It is, therefore, in industry's best interest to seek continued use of these substances through good faith participation in the MOH's process.rnAdditional announcements are anticipated which we expect will clarify the overall situation.