FOOD AND HEALTH ESSENTIALS

Food packaging requirements in Brazil

Pre-packaged food offers consumers around the world access to a wider variety of safe and nutritious foods and food products. And, with retail food sales in Brazil approaching $100 billion (U.S.) annually¹, global food producers, distributors and retailers are increasingly exploring ways to expand their access to this important and growing market for pre-packaged foods.

However, ensuring compliance with Brazil’s food packaging requirements is a prerequisite for company’s seeking to take advantage of the market opportunities there. In this article, we’ll provide a summary of regulations currently applicable in Brazil to materials used to package food and food products.

Background

Brazil’s food packaging regulatory structure largely reflects its commitments to it regional and international trading partners. As a member of the World Trade Organisation (WTO), Brazil subscribes to both the WTO’s Sanitary and Phytosanitary (SPS) Agreement, as well as to Codex Alimentarius (CODEX) principles. In addition, Brazil is also a member of the Common Market of the South (also known as Mercosur), a consortium whose members include Argentina, Paraguay, Uruguay and Venezuela.

The government of Brazil has a number of ministries and agencies that share overall responsibility for the safety of domestic and imported foods, but ANVISA (the National Health Surveillance Agency) is responsible for the development and enforcement of regulations applicable to most types of packaged food products, including regulations applicable to food packaging materials. Specifically, under Article 8 of Law No. 9782/99, ANVISA is empowered to regulate, control and supervise products and services involving public health risks, including food packaging, as well as the physical facilities and technologies involved in the food production process.

Under ANVISA regulations, packaging and equipment intended for direct contact with food shall not produce undesirable, toxic or contaminant components in quantities exceeding the maximum limits established by current legislation. Therefore, packaging materials must control the overall or specific migration that may represent a risk to human health, and/or cause changes in the composition of a food or food product or its sensorial characteristics.

Regulations Applicable to Packaging

Specific legislation covering the sanitary aspects of food packaging is organised by the type of packaging material, that is, polymeric, cellulosic, metallic, glass, textile or elastomeric. Here is a summary of the applicable regulations according to packaging material type:

General regulation on packaging and materials in contact with food

• Resolution - RDC No. 91 of 11 May 2001 approves the Technical Regulation "General Criteria and Classification of Materials for Packaging and Equipment in Contact with Foods"

Food contact adhesives

• Resolution - RDC No. 91 of 11 May 2001 approves the Technical Regulation "General Criteria and Classification of Materials for Packaging and Equipment in Contact with Foods"

Waxes and paraffins

• Resolution No. 122 of 19 June 2001 approves the Technical Regulation on Waxes and Paraffins in Contact with Foods

Cellulosic packaging

• Resolution - RDC No. 88 of 29 June 2016 approves the technical regulation on materials, packaging and cellulosic equipment intended to come into contact with food and other provisions
• Resolution - RDC No. 89 of 29 June 2016 approves the technical regulation on cellulosic materials for hot cooking and filtration and other measures
• Resolution - RDC No. 90 of 29 June 2016 approves the technical regulation on materials, packaging and cellulosic equipment intended to come into contact with food during cooking or heating in the oven and makes other arrangements
• Ordinance No. 177 of 4 March 1999 approves the Technical Regulation "General Provisions for Packaging and Cellulosic Equipment in Contact with Foods"
• Resolution - RDC No. 130 of 10 May 2002 alters sub-item 2.10 of item 2 of Administrative Rule no. 177/99, dated March 4, 1999
• Resolution - RDC No. 129 of 10 May 2002 approves the Technical Regulation on Recycled Cellulosic Material
• Resolution - RDC No. 217 of 1 August 2002 approves the Technical Regulation on Regenerated Pulp Films in Food Contact
• Resolution - RDC No. 218 of 1 August 2002 approves the Technical Regulation on Synthetic Casings of Regenerated Cellulose in Contact with Foods

Elastomeric packaging

• Resolution No. 123 of 19 June 2001 approves the Technical Regulation on Elastomeric Packaging and Equipment in Contact with Foods

Metal packaging

• Law No. 9832 of 14 September 1999 prohibits the use of industrial welded metal packaging with lead and tin alloy for packaging foodstuff, except for dry and dried produce
• Resolution No. 20 of 22 March 2007 approves the Technical Regulation on Dispositions for Packaging, Coatings, Utensils, Covers and Metallic Equipment in Contact with Foods

Plastic packages

• Ordinance No. 987, of 8 December 1998 (*) approves the Technical Regulation for disposable polyethylene terephthalate - PET - multilayer packaging intended for the packaging of non - alcoholic carbonated beverages
• Resolution No. 105 of 19 May 1999 approves the Technical Regulation "General Provisions for Packaging and Plastic Equipment in contact with Food"
• Resolution No. 124 of 19 June 2001 approves the Technical Regulation on Film-forming Preparers based on Polymers and / or Resins intended for Food coating
• Resolution No. 146, 6 August 2001 approves the inner layer deposition process of amorphous carbon on polyethylene terephthalate (PET) bottles virgin via plasma, intended to come into contact with food types I and VI of Freezing temperature at room temperature for a prolonged time, and maximum food processing temperature of 121°C
• Resolution No. 20 of 26 March 2008 approves the Technical Regulation that provides on the Technical Regulation on post-consumer polyethylene terephthalate (PET) recycled food grade (PET-PCR grade) intended to come into contact with food
• Resolution No. 51 of 26 November 2010 deals with migration in materials, packaging and plastic equipment intended to come into contact with food
• Resolution No. 52 of 26 November 2010 disposes of colourants in packaging and plastic equipment intended to be in contact with food
• Resolution No. 41, dated 16 September 2011 provides for the prohibition of the use of bisphenol A in feeding bottles for infants and makes other provisions. Repealed by Resolution RDC n. 56/2012 56/2012
• Resolution No. 56 of 16 November 2012 provides on the positive list of monomers, other initiators and polymers authorised for the preparation of plastic packaging and equipment in contact with food

Additives for plastic packaging

• Resolution - RDC No. 17 of 12 January 2008 provides on Technical Regulation on Positive List of Additives for Plastic Materials for the Development of Packaging and Equipment in Contact with Foods

Glass and ceramic packaging

• Ordinance No. 27 of 13 March 1996 approves the Technical Regulation on packaging and glass and ceramic equipment in contact with food, not metallic

Packaging for fresh vegetables

• Joint Instruction No. 9 of 12 November 2002 provides for packaging intended for the packaging of vegetables

Harmonisation of Regulations

As previously noted, Brazil is a consortium partner with other South American countries in Mercosur. As a result, regulations applicable to food packaging materials in Brazil are harmonised with those of Mercosur and other consortium partner nations. The information in Table 1 cross-references the Mercosur regulation with its counterpart regulation in Brazil.

Table 1:  Mercosur regulations applicable to food packaging materials, and their counterpart regulations in Brazil

In general, Mercosur regulations are also harmonised with food packaging requirements in the European Union (EU), the U.S. (the U.S. Food and Drug Administration, or FDA) and Germany (the German Institute for Risk Assessment, or BfR), as well as other countries around the world. This helps to ensure that compliance with packaging requirements in one jurisdiction will make it easier to gain acceptance in Brazil.

Conclusion

As a major importer of pre-packaged food and food products, Brazil represents an important market opportunity for global food producers, distributors and retailers. Food packaging regulations in Brazil are extensive, but generally harmonised with packaging requirements in most other major jurisdictions around the world. However, ensuring compliance with specific requirements will benefit from seeking counsel from an experienced entity with knowledge of the packaged food industry as well as details regarding Brazil’s market access requirements.

For more information on how TÜV SÜD can assist your company in achieving compliance with Brazil’s food packaging requirements, email us at [email protected] . Or, find out more about our food packaging solutions here.

[1] “Global Agricultural Information Network Report—Brazil,” a report by the Foreign Agricultural Service of the U.S. Department of Agriculture (USDA), December 29, 2016. Available here(as of 6 June 2017).