The Swiss Federal Council has implemented significant changes to the regulations surrounding materials and objects intended to come into contact with food. These modifications, detailed in the Federal Official Collection (RO 2023 836), were announced on 8 December 2023, and are set to take effect on 1 February 2024. The new ordinance, drafted by the Federal Department of Home Affairs (FDHA), aims to enhance consumer health protection and align with European Union standards.
Key Changes in the Ordinance
- Terminology Update: The term "written declaration" throughout the ordinance has been replaced with "declaration of conformity," indicating a shift towards more stringent compliance requirements.
- Requirements for Plastic Materials: The ordinance includes detailed provisions for materials that come in contact with drinking water, as well as for plastic materials used in food packaging. Notably, it stipulates that materials used in the manufacturing of plastic objects must not pose any health risks to consumers.
- Inclusion of Unintentional Substances: A new definition covers unintentional substances, including impurities in used substances, reaction intermediates, and degradation products.
- Declaration of Conformity and Documentation: Manufacturers are required to provide a declaration of conformity and maintain comprehensive documentation, including test conditions and results, calculations, and evidence of safety or conformity.
- Recycled Plastics: The ordinance sets out specific requirements for recycled plastic materials, including a certification process and compliance with EU Regulation 2022/1616.
- Ceramic Materials: The new regulation requires a declaration of conformity for ceramic materials, especially concerning lead and cadmium limits, in line with EU directives.
Transitional Provisions
Materials and objects not conforming to the new standards can still be imported, manufactured, and labelled under the old regulations until 31 January 2026, for specific articles (Art. 35 to 35b and Annex 15) and until January 31, 2025, for others, provided they are exhausted from stocks.
Implications for Manufacturers and Consumers
These changes signify a substantial shift in the Swiss regulatory landscape for food contact materials, aiming to safeguard consumer health. Manufacturers must adapt to these new requirements, focusing on compliance and safety in their production processes. For consumers, this translates to higher standards of health protection and assurance of product safety.
