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What are Requirements for Packaging Used in Fast Food Restaurant?

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What are Requirements for Packaging Used in Fast Food Restaurant?

Question

Do FDA regulations cover importing fast food boxes from China for use within fast food outlets in the USA? If so, what information is there regarding this? Does the Chinese company that supplies the boxes to us need to be certified?

Answer

U.S. Food and Drug Administration (FDA) regulations for food packaging applies to all packaging materials used in the U.S. regardless of country of origin or import. Although, fast food boxes would fall under the "housewares exemption," which exempts substances used in contact with food as part of a "houseware" product from the requirement of premarket clearance by FDA as a food additive. A houseware is generally considered to be an article that is used by a consumer and, in some circumstances, a commercial establishment to hold, prepare, or serve food.

However, the adulteration provisions of Section 402(a)(1) of the Food and Drug Act do apply to housewares, and FDA will take action against houseware products that may adulterate food. Therefore, it remains the responsibility of producers of housewares to take every reasonable precaution to ensure that their products are suitable for use with food and will not create a health hazard under the intended conditions of use. You may want to consult legal counsel to help determine your specific legal obligations.

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