Recently, the Philippine Food and Drug Administration (FDA) released a draft for public comment titled the General Guidelines for Compliance of Food Contact Materials for Pre-Packaged Processed Food. The public is invited to submit feedback to the official email address, ojolaurenana@fda.gov.ph, by March 4, 2026.
The main contents of the General Guidelines for Compliance of Food Contact Materials for Pre-Packaged Processed Food (Draft for Comment) are as follows:
Basis for Development
These Guidelines are established pursuant to the Food Safety Act of 2013 and its Implementing Rules and Regulations, aiming to fulfill the FDA's statutory mandate to ensure food safety, protect public health, and safeguard consumers from hazardous products. Although existing laws do not explicitly define food adulteration caused by food contact materials, such risks are encompassed within the regulatory scope through the interpretation of the definition of adulteration. Furthermore, the clear definition of migration in previously issued FDA Circular No. 2022-011, coupled with extensive international scientific research on chemical migration, provides a solid legal and scientific foundation for the development of these Guidelines.
Objectives
A. To establish clear regulatory guidelines for Food Business Operators, ensuring that food contact materials used in the production and distribution of pre-packaged processed food comply with applicable safety and quality standards.
B. To prevent the adulteration of pre-packaged processed food due to substance migration by ensuring that food contact materials meet safety and quality standards.
C. To enhance the regulation and monitoring of food contact materials used for pre-packaged processed food.
Scope of Application
This Circular applies to all locally manufactured and imported finished food contact materials intended for food packaging:
- Any food contact material that comes into direct contact with food, including all primary packaging materials used for pre-packaged processed food made from the following materials:
1. Metals
2. Glass
3. Ceramics
4. Enamels
5. Synthetic Resins
6. Phenolic Resins
7. Melamine Resins
8. Urea Resins
9. Formaldehyde-based Synthetic Resins
10. Polyvinyl Chloride (PVC)
11. Polyethylene (PE)
12. Polypropylene (PP)
13. Polystyrene (PS)
14. Polyvinylidene Chloride (PVDC)
15. Polyethylene Terephthalate (PET)
16. Polymethyl Methacrylate (PMMA)
17. Nylon
18. Polymethylpentene (PMP)
19. Polycarbonate (PC)
20. Polyvinyl Alcohol (PVOH)
21. Rubber
22. Paper and Paperboard
- Active packaging materials designed or expected to release components into the food under normal use conditions, including but not limited to the following types:
1. Oxygen Absorbers
2. Carbon Dioxide Absorbers/Emitter
3. Ethylene Absorbers
4. Antimicrobial Packaging
5. Ethanol Emitters
6. Moisture Absorbers
7. Flavor/Odor Adsorbers
8. Self-heating and Self-cooling Packaging
9. Gas Permeability Variability Materials
- Intelligent packaging materials, which may include but are not limited to the following types:
1. Radio Frequency Identification (RFID) Tags
2. Time-Temperature Indicators
3.Freshness Indicators
4. Biosensors
5.Gas Sensors
- Other existing or novel articles and materials that have been in contact with food and are intended for that purpose.
- Reprocessed recycled packaging materials.
The following are not covered by this Circular:
- Naturally occurring, chemically untreated or unmodified food contact materials, including but not limited to banana leaves, bamboo leaves, bamboo stalks, and mollusk shells.
- Coverings that form part of the food, such as edible casings for sausages.
- Fixed public or private water supply equipment, or any food contact material not intended for packaging food.
General Guidelines
- The level of substances migrating from food contact materials to food must not exceed the limits specified in relevant standards.
- Specific requirements for food contact materials intended for direct food contact, including recycled materials, shall comply with FDA regulations or Philippine National Standards (PNS).
- In the absence of PNS, other recognized reference standards may be used, including ASEAN standards or other internationally recognized standards.
- Food Business Operators shall provide a Certificate of Suitability or equivalent documentation for food contact materials during inspections to verify compliance.
- Compliance verification shall also be conducted through post-market surveillance.
Specific Guidelines
- Food Business Operators placing pre-packaged processed food on the market bear the primary responsibility to ensure the following duties are fulfilled:
- Use suitable food contact materials for pre-packaged processed food based on the nature of the food, contact time, and storage or processing conditions.
- Ensure that purchased food contact materials are clearly labeled with their intended use, material type, and any usage restrictions, and that suppliers provide a declaration of safety and compliance.
- Require food contact material suppliers to provide a valid Certificate of Suitability or equivalent documentation.
- Establish and maintain a traceability system for the food contact materials used, to facilitate control, accountability, and recall of unsuitable food contact materials for pre-packaged processed food.
- Ensure food contact materials are properly stored and maintained before use to prevent damage, contamination, or deterioration, and maintain their suitability and safety throughout the shelf life of the pre-packaged processed food.
- Ensure the safety, quality, and suitability of active and intelligent packaging materials and articles, as well as other novel packaging innovations, used for pre-packaged processed food.
- Provide clear and visible information to consumers regarding inedible components of active and intelligent packaging materials (e.g., labeling "DO NOT EAT").
- After the transition period, Food Business Operators shall require their food contact material suppliers to provide a Certificate of Suitability or other equivalent documentation to demonstrate the material's suitability for its intended use.
Transitory Provision
Pre-packaged processed food already on the market prior to the effectivity of this Administrative Order shall be granted a transition period of twelve (12) months from its date of effectivity. During the transition period, existing stocks of pre-packaged processed food using food contact materials covered by this Order may continue to be used, provided they do not pose a food safety risk and do not violate applicable food safety laws, rules, and regulations. After the transition period, all establishments must fully comply with this regulation.
Monitoring and Evaluation
The Center for Regulatory Research and Development shall review and evaluate this Circular three years after its effectivity and implementation to determine if the policy's objectives, impact, and effectiveness have been achieved.
Prohibited Acts and Penalties
Any violation of this Circular and related laws and regulations shall be subject to administrative liability and corresponding penalties, depending on the severity of the act. Prohibited acts include, but are not limited to:
A. Manufacturing, handling, or preparing for sale, offering for sale, distributing in commerce, or importing into the Philippines any food or food product that does not conform to applicable food quality or safety standards promulgated pursuant to Republic Act No. 10611.
B. Manufacturing, importing, exporting, selling, offering for sale, distributing, transferring, non-consumer use, promoting, advertising, or advertising any adulterated health product.
C. Manufacturing for sale, offering for sale, distributing in commerce, or importing into the Philippines any consumer product that does not conform to applicable consumer product quality or safety standards promulgated pursuant to the Philippine Consumer Act.
Specific penalties shall be imposed in accordance with relevant laws such as the Food Safety Act of 2013, the Food and Drug Administration Act, and the Philippine Consumer Act.
Separability Clause
If any part, provision, or regulation of this Circular is declared invalid or unenforceable, the validity or enforceability of the remaining parts shall not be affected.
Repealing Clause
All other administrative issuances, rules, and regulations inconsistent with the provisions of this Circular are hereby repealed or accordingly modified.
Effectivity
This Circular shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation and upon filing with the Office of the National Administrative Register of the University of the Philippines Law Center.
