Swiss legislation: Food contact materials

Transcription

1 If you export food or materials and articles that are intended to come into contact with food to Switzerland, you have to make sure your products comply with the Swiss legislation on food contact materials. The Swiss legislation is to a large extent harmonised with EU requirements and applies to a broad range of products such as materials that are used to package food, kitchen utensils (e.g. plates, cutlery, pots and pans) and domestic appliances (e.g. juicers). The EU requirements are laid down in different legislations and cover: 1. General requirements for all types of food contact materials; 2. Specific types of food contact materials and articles (e.g. active and intelligent materials and articles, ceramics, regenerated cellulose film and plastics); and 3. Specific substances used in the manufacture of food contact materials (e.g. vinyl chloride monomer, N- nitrosamines, N-nitrosatable, BADGE, NOGE, and BFDGE). More information on the products that fall under the scope of the EU legislation, as well as all relevant requirements, can be found in the document EU Legislation: Food contact materials in the CBI database. Swiss legislation Switzerland is not a member of the EU, but a member of the European Free Trade Association (EFTA). To facilitate free trade with the EU, Swiss legislation is adapted to EU law in several areas. This is also the case when it comes to food contact materials. Switzerland The Swiss Confederation, consisting of 26 cantons, is not a member of the European Union but has special relations with the EU that are framed by a series of bilateral treaties. Being a member of the European Free Trade Association (EFTA), the Swiss Confederation has adopted various provisions of EU law in order to participate in the EU's single market. The Swiss legislation on food contact materials is laid down in article 34 of the Foodstuffs and Utility Articles Ordinance SR of 23 November 2005 (original title: Ordonnance du 23 novembre 2005 sur les denrées alimentaires et les objets usuels (ODAlOUs)) in conjunction with the Ordinance on Materials and Articles in Contact with Food SR of 23 November 2005 (original title: Ordonnance du DFI sur les objets et matériaux). The ordinance is divided in sections, starting with the general requirements (section 1) followed by separate sections for the specific types of materials (see table below). These sections often refer to the annexes to the ordinance (e.g. for lists of migration limits, allowed substances etc.) Material Section Metals 2 Plastics 3 Cellulose film 4 Ceramic, glass and enamel 5 Paper and cardboard 6 Active and intelligent materials 7 Paraffin and waxes 8 Silicones 8a Packaging inks 8b The Swiss legislation on food contact materials is practically harmonised with the EU requirements. However, Switzerland has set additional requirements for metals, silicones and printing inks. These issue are not (yet) covered by EU legislation (although several EU Member States have adopted similar requirements). Printing inks On the website of the Swiss Federal Office of Public Health you can find more information on the provisions on printing inks in English (including lists of permitted substances and migration limits). Other useful sources for information on this matter are the FAQs published by the European Printing Ink Association, available here and here. Especially the provisions on silicones and printing inks have long lists of compounds with migration limits. For the specific requirements for your products contact the Federal Office of Public Health.

2 Cassis de Dijon Principle- trade relation with the EU To improve the free movement of products between Switzerland and the EU the Cassis de Dijon Principle applies to product imported to Switzerland. Therefore, products complying with EU legislation and lawfully marketed there, may also be sold in Switzerland. This principle applies not only to products produced in the EU but also to products produced in non-eu countries but complying with EU legislation and marketed there. Although the Principle applies for several products, there is a list of exceptions. For food products, the Principle also applies with some exceptions (e.g. genetically modified food, meat). Note that the first import of foods requires an authorisation of the Federal Office for Public Health. For more information read the CBI document on Cassis de Dijon Principle and mutual recognition with the EU. Related documents Please find below an overview of other legislative and non-legislative requirements that are of relevance. Some of the requirements are briefly highlighted in this document. More details however, can be found in the CBI database under the following document titles: Legislation: Swiss legislation: Cassis de Dijon principle and mutual recognition with the EU EU legislation: Food contact materials. Last updated: November 2012 This document was compiled for CBI by CREM B.V. Disclaimer CBI market information tools:

3 For CMS Active Revision date (standard 1 year, unless changes are expected at earlier date) Summary (IMPORTANT: the first lines must highlight the application and for which CBI sector is important. Not mention specific Directives numbers) NEW document? (yes / no) If Yes, `new icon is presented Changes in document s title? Type of document (leave only the correct option) Information type (leave only the correct option) Number of pages (number of pages of the text that will be uploaded) Ranking EU legislation: 30 Transpositions: 40 National leg (aanvullend): 35 Publication category Directory (Max. 1 category, delete the rest) Related markets (list all export markets for which relevant). EU and/or national. Sources and comments (NEW: Give a short description of the work done) Always Yes (unless document should not be shown from the moment it is uploaded in the database) November 2013 If you export packaged food or materials and articles that are intended to come into contact with food to Switzerland, you have to make sure your product complies with the Swiss requirements on food contact materials (e.g. packaging materials, kitchen utensils, domestic appliances). This document provides an overview on the Swiss legislation for food contact materials and articles, which is to a large extent harmonised with EU legislation. Switzerland has set additional legislation on metals, printing inks and silicones. yes Simple update Legislative requirements Non-legislative requirements 2 50 No category MA: Switzerland legislation Switzerland Uitvoerder: Anton Agriculture, fishery and forestry Cut flowers and foliage Rosa, Dianthus, Orchids, Dendranthema, Gladiolus, flowers grown from bulbs and other fresh cut flowers Summer flowers Tropical flowers Prepared cut flowers Foliage Fishery products Food ingredients Fresh, chilled or frozen fish and fish fillets Fresh, chilled or frozen crustaceans and cephalopods Fresh, chilled or frozen molluscs Prepared or preserved fish and fish fillets Prepared or preserved crustaceans and cephalopods Prepared or preserved molluscs Coffee

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