Brasil Pack Trends 2020

BrasilPackTrends2020 217 safety & regulatory issues Packages and materials approved as prescribed by the FDA for sale and use in Brazil must be approved according to MERCOSUR / Brazil legislation as the two countries have differences in procedures for approval of a package material. The harmonization of laws is not a simple issue. As described above, the differences begin in the establishment of acceptable limits of substances, where, although, the toxicological issue is the main aspect, the interpretation of consumer exposure differs by country. Undoubtedly, the harmonization of existing laws, including those of Japan and one that is being established by China, is the desire of the professionals involved to guarantee the compliance of a material with the various laws currently enforced. It is difficult, time consuming and expensive work. Harmonization greatly facilitates international trade in this era of globalization and would undoubtedly be an important factor for Brazil. Efforts and studies have been conducted aimed at harmonization of laws in the future, as is the case for studies developed in the European Union. However, we must remember that harmonization should start with studies to establish acceptable limits for various substances and that exposure to contaminants depends on the characteristics of each country. Harmonization can also be generally included in the legal exemptions such as Substances Generally Recognized as Safe (GRAS) or those sanctioned or approved before the enactment of the Food Additives Amendment of 1958 or even be considered exempt from regulation by the principle of Threshold of Regulation. Upon proving that the substance will not migrate to food under the conditions of use, it is not considered a food additive and therefore does not require FDA approval. The substance for applying this principle cannot be carcinogenic or contain carcinogenic contaminants. (BAUGHAN; ATTWOOD, 2010). The FCN program was initiated in 2000 and, although it requires the same documentation required for the petition process it has the advantage of approval time, when the notice can become effective in up to 120 days. The process of petition application in some cases can take four years. Another difference is that in the case of FCN the identified manufacturer is the owner and only he can market the substance. Active and smart packages According to the principles that guide legislation, packaging must be inert, not release substances to the food which could endanger human health and not change the odor and taste of the product and its composition. However, with recent technological developments it has been possible to attribute new functions to packaging: to inform consumers about the condition of the packaged food and interact with the food product by releasing or absorbing substances (SCHAFER, 2010) . Because of this fact, new concepts had to be introduced in the legislation: active packages and intelligent packages. The European Union revised the legislation and in 2004 published the Regulation 1935/2004 introducing these new concepts. In 2009, they published Regulation (EC) 450/2009 with additional rules for these materials (COMMISSION OF THE EUROPEAN COMMUNITIES, 2009). These new concepts have not yet been introduced in MERCOSUR legislation, while U.S. law assumes that these concepts are already covered by their current legislation. In accordance with European regulation, the concept of being inert as well as control of migration is applicable for smart packages. However, due to the extra function of monitoring the packaged food, it is essential that the information provided by the package does not confuse or mislead the consumer. Legislation for New Technologies and New Materials

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