484 Novel food packaging techniques transport and storage of the semi-manufactured product. A second application of increasing interest, is the addition of antimicrobial substances to protect the surface of the final article from microbial contamination In both situations the addition of the biocide should not be considered as an active system as there no intentional influence on the food. In both cases migration of the substance should be negligible or as low as possible; anyway, there should be no effect on the food in contact with the materials Recommendation The regulation on biocides excludes food contact materials and food additives Therefore, all applications related to biocidal substances are subject to regulations on food contact materials and food additive 22.8.2 Pesticides Directive 91/414/EEC regulates the use of pesticides, which, in short, are active substances to protect plants and plant products against harmful organisms Plant protection products(pesticides) are used on agricultural produce and are not added to foodstuffs as preservatives. Maximum residue levels(MRLs) for each specific pesticide in agricultural produce have been defined in the Directive, either for a group of products or for individual products 22.8.3 Relevance to active and intelligent packaging systems The use of pesticides is legal only if approved for a specific use or on specific agricultural produce. At the pre-harvest stage the use of active packaging is unlikely even if possible. However, some products may also be treated with pesticides at the post-harvest stage, for example, the use of certain plant growth egulators for potatoes is authorized as well as some insecticides on cereal grains. The use of these pesticides is usually a matter of bulk treatment Protective substances on potatoes or cereal grains may or may not be volatile Treatment with non-volatile agents is unlikely as it will not be effective on the ulk of food. The protection of potatoes with volatile substances may be feasible but due to the batch treatment this is unlikely. No such applications are currently in use or under development. When active systems are developed then they should comply with the rules on treatment of food products. Impregnation with biphenyl of paper used for packaging citrus fruits has been known for many years. However, in this application biphenyl is regulated as a food additive Recommendation When active systems are developed, they shall comply with the regulation on pesticides
transport and storage of the semi-manufactured product. A second application, of increasing interest, is the addition of antimicrobial substances to protect the surface of the final article from microbial contamination. In both situations the addition of the biocide should not be considered as an active system as there is no intentional influence on the food. In both cases migration of the substance should be negligible or as low as possible; anyway, there should be no effect on the food in contact with the materials. Recommendation The regulation on biocides excludes food contact materials and food additives. Therefore, all applications related to biocidal substances are subject to regulations on food contact materials and food additives. 22.8.2 Pesticides Directive 91/414/EEC31 regulates the use of pesticides, which, in short, are active substances to protect plants and plant products against harmful organisms. Plant protection products (pesticides) are used on agricultural produce and are not added to foodstuffs as preservatives. Maximum residue levels (MRLs) for each specific pesticide in agricultural produce have been defined in the Directive, either for a group of products or for individual products. 22.8.3 Relevance to active and intelligent packaging systems The use of pesticides is legal only if approved for a specific use or on specific agricultural produce. At the pre-harvest stage the use of active packaging is unlikely even if possible. However, some products may also be treated with pesticides at the post-harvest stage; for example, the use of certain plant growth regulators for potatoes is authorized as well as some insecticides on cereal grains. The use of these pesticides is usually a matter of bulk treatment. Protective substances on potatoes or cereal grains may or may not be volatile. Treatment with non-volatile agents is unlikely as it will not be effective on the bulk of food. The protection of potatoes with volatile substances may be feasible but due to the batch treatment this is unlikely. No such applications are currently in use or under development. When active systems are developed then they should comply with the rules on treatment of food products. Impregnation with biphenyl of paper used for packaging citrus fruits has been known for many years. However, in this application biphenyl is regulated as a food additive. Recommendation When active systems are developed, they shall comply with the regulation on pesticides. 484 Novel food packaging techniques
Legislative issues relating to active and intelligent packaging 485 22.9 Food hygiene The aim of Council Directive 93/43/EEC 2 on the hygiene of foodstuffs is to control all activities critical to food safety, and thus it covers all aspects affecting hygienic production, storage, packaging and distribution of foodstuffs, in order to ensure the safety and wholesomeness of foodstuffs. The Directive aims at establishing uniform minimum requirements for food production to ensure that only safe food is retailed. Regulations on veterinary products, such as Directive 92/5/EEC3 for meat products, contain more detailed requirements (e.g. approval of establishment, stricter temperature conditions, official controls) for the production of some products of animal origin. Special provisions for the hygiene of quick-frozen foodstuffs are given in Council Directive 89/108/EEC to protect them from microbial or other external contamination and from drying To achieve safe food the directive requires protection of the food within the food production chain against any contamination that renders the food unfit for consumption. Foods supporting the growth of pathogenic micro-organisms or the formation of toxins should be kept at temperatures that will not endanger health. Principles of HACCP(hazard analysis of critical control points)as given by the FAO/WHO Codex Alimentarius Commission"should be followed. Food packaging materials are not directly covered by the EC Directive, but hygienic conditions of the packaging materials will be a prerequisite in hygienic food production. Neither the microbiological criteria for foodstuffs nor the temperature requirements have been harmonized in the European Union Various time-temperature requirements can therefore be found for certain food categories in different countries. Where no legislation exists, the manufacturer may freely choose the best storage temperature for the product provided the product is safe for consumption Although legislative requirements and recommendations for temperature control during manufacturing, heating, cooling and chilled storage are abundant there are no rules in food legislation on how long food quality should remain acceptable. Directive 2000/13/EC37 on labelling requires pre-packed foods to bear a date of minimum durability or, for highly perishable foods, a use by date. It is the manufacturer's responsibility to determine the shelf-life of the product, taking into account storage conditions, and to ensure that the product is safe throughout its assigned shelf-life. The shelf-life of foods depends on the specific properties of the food product and the environmental conditions in which the food is treated and stored. In particular, the shelf-life of microbiologically sensitive foodstuffs will depend on storage conditions of time and temperature 22.9.1 Relevance to active and intelligent packaging systems The Food Hygiene Directive requires that all measures be taken to ensure the safety and wholesomeness of foodstuffs during production, transport, storage and offering for sale or supply to the consumer. The use of active systems may
22.9 Food hygiene The aim of Council Directive 93/43/EEC32 on the hygiene of foodstuffs is to control all activities critical to food safety, and thus it covers all aspects affecting hygienic production, storage, packaging and distribution of foodstuffs, in order to ensure the safety and wholesomeness of foodstuffs. The Directive aims at establishing uniform minimum requirements for food production to ensure that only safe food is retailed. Regulations on veterinary products, such as Directive 92/5/EEC33 for meat products, contain more detailed requirements (e.g. approval of establishment, stricter temperature conditions, official controls) for the production of some products of animal origin. Special provisions for the hygiene of quick-frozen foodstuffs are given in Council Directive 89/108/EEC34 to protect them from microbial or other external contamination and from drying. To achieve safe food the directive requires protection of the food within the food production chain against any contamination that renders the food unfit for consumption. Foods supporting the growth of pathogenic micro-organisms or the formation of toxins should be kept at temperatures that will not endanger health. Principles of HACCP (hazard analysis of critical control points) as given by the FAO/WHO Codex Alimentarius Commission35 should be followed. Food packaging materials are not directly covered by the EC Directive, but hygienic conditions of the packaging materials will be a prerequisite in hygienic food production. Neither the microbiological criteria for foodstuffs nor the temperature requirements have been harmonized in the European Union. Various time-temperature requirements can therefore be found for certain food categories in different countries.36 Where no legislation exists, the manufacturer may freely choose the best storage temperature for the product provided the product is safe for consumption. Although legislative requirements and recommendations for temperature control during manufacturing, heating, cooling and chilled storage are abundant, there are no rules in food legislation on how long food quality should remain acceptable. Directive 2000/13/EC37 on labelling requires pre-packed foods to bear a date of minimum durability or, for highly perishable foods, a ‘use by’ date. It is the manufacturer’s responsibility to determine the shelf-life of the product, taking into account storage conditions, and to ensure that the product is safe throughout its assigned shelf-life. The shelf-life of foods depends on the specific properties of the food product and the environmental conditions in which the food is treated and stored. In particular, the shelf-life of microbiologically sensitive foodstuffs will depend on storage conditions of time and temperature. 22.9.1 Relevance to active and intelligent packaging systems The Food Hygiene Directive requires that all measures be taken to ensure the safety and wholesomeness of foodstuffs during production, transport, storage and offering for sale or supply to the consumer. The use of active systems may Legislative issues relating to active and intelligent packaging 485
486 Novel food packaging techniques be helpful to maintain the quality of the food and to extend its shelf-life ntelligent systems could provide reliable information on the conditions of the food by showing, for instance, the time and temperature conditions during the life cycle of the food, or by detecting gases generated by micro-organisms The use of an oxygen absorber will suppress the growth of certain micro- organisms. The use of preservative-releasing systems will have a similar final effect. Foodstuffs will not only have a longer shelf-life but will also be safer at the time of consumption. The use of moisture absorbers, for example for packaged meat, has in the first instance a visual benefit as the meat juice absorbed by the absorption pad. If, however, such a pad is treated with a selected mixture of spices, then microbial deterioration will be slowed down resulting in a longer shelf-life and safer product It is required today to print on packaged food the use by date. Usually the use by date is established on the basis of experience. For products with a long shelf-life this does not cause any problem as the storage time and temperature conditions are not very critical. For products with a long shelf-life chemical deterioration is usually the limiting factor, whereas for foods with a relatively short shelf-life microbiological conditions are often the limiting factor. Food packers may extend the safety margin to allow of some 'misuse'during transport by consumers from the retailer to their homes, or incorrect temperature settings during display. Use of a time/temperature indicator could indicate the safety of the food by indicating that the allowable storage conditions of time and mperature have not been exceeded. These time/temperature indicators could prevent unnecessary waste of food due to the elapse of the use by date, which of itself is no guarantee that the food is fit for consumption. The indicator will inform consumers whether the product is still suitable for consumption. These indicators could replace the requirements of printing use by 'dates when it is demonstrated that they are reliable and when the consumer is familiar with the use of the indicators. However, most time/temperature indicators are not capable of giving proper information on the period still to go before the use by date passed. This could be overcome by printing the production date or date of packing on the packed food instead of ause by date in addition to an indication of the shelf-life. This approach would require, of course, a range of indicators with variable response times to allow the use of a proper indicator Modified-atmosphere packaging with packaging gases is a frequently used method to preserve foods. However, if the gas-tightness of the package fails, the protective atmosphere will change and the food may become unfit for consumption. This is very difficult to observe both for the manufacturer and for consumers. Insertion of an indicator that detects, for example, oxygen will provide information not available without the indicator. similar indicators can be inserted to detect the generation of microbial respiratory gases. The Food Hygiene Directive requires all measures necessary to ensure the safety and wholesomeness of foodstuffs. The use of both active and intelligent packaging systems is a new means of meeting this requirement. Actually, the requirements of the hygiene directives strongly support the use of active and intelligent systems
be helpful to maintain the quality of the food and to extend its shelf-life. Intelligent systems could provide reliable information on the conditions of the food by showing, for instance, the time and temperature conditions during the life cycle of the food, or by detecting gases generated by micro-organisms. The use of an oxygen absorber will suppress the growth of certain microorganisms. The use of preservative-releasing systems will have a similar final effect. Foodstuffs will not only have a longer shelf-life but will also be safer at the time of consumption. The use of moisture absorbers, for example for packaged meat, has in the first instance a visual benefit as the meat juice is absorbed by the absorption pad. If, however, such a pad is treated with a selected mixture of spices, then microbial deterioration will be slowed down resulting in a longer shelf-life and safer product. It is required today to print on packaged food the ‘use by’ date. Usually the ‘use by’ date is established on the basis of experience. For products with a long shelf-life this does not cause any problem as the storage time and temperature conditions are not very critical. For products with a long shelf-life chemical deterioration is usually the limiting factor, whereas for foods with a relatively short shelf-life microbiological conditions are often the limiting factor. Food packers may extend the safety margin to allow of some ‘misuse’ during transport by consumers from the retailer to their homes, or incorrect temperature settings during display. Use of a time/temperature indicator could indicate the safety of the food by indicating that the allowable storage conditions of time and temperature have not been exceeded. These time/temperature indicators could prevent unnecessary waste of food due to the elapse of the ‘use by’ date, which of itself is no guarantee that the food is fit for consumption. The indicator will inform consumers whether the product is still suitable for consumption. These indicators could replace the requirements of printing ‘use by’ dates when it is demonstrated that they are reliable and when the consumer is familiar with the use of the indicators. However, most time/temperature indicators are not capable of giving proper information on the period still to go before the ‘use by’ date is passed. This could be overcome by printing the production date or date of packing on the packed food instead of a ‘use by’ date in addition to an indication of the shelf-life. This approach would require, of course, a range of indicators with variable ‘response times’ to allow the use of a proper indicator. Modified-atmosphere packaging with packaging gases is a frequently used method to preserve foods. However, if the gas-tightness of the package fails, the protective atmosphere will change and the food may become unfit for consumption. This is very difficult to observe both for the manufacturer and for consumers. Insertion of an indicator that detects, for example, oxygen will provide information not available without the indicator. Similar indicators can be inserted to detect the generation of microbial respiratory gases. The Food Hygiene Directive requires ‘all measures necessary to ensure the safety and wholesomeness of foodstuffs’. The use of both active and intelligent packaging systems is a new means of meeting this requirement. Actually, the requirements of the hygiene directives strongly support the use of active and intelligent systems. 486 Novel food packaging techniques
Legislative issues relating to active and intelligent packaging 487 Recommendation Allowance should be made in the Food Hygiene Directive to replace the use by date with dedicated time temperature indicators 22.10 Food labelling, weight and volume control Labelling of foodstuffs is meant to give consumers information on the composition of the food and to protect them. In Directive 2000/13/EC requirements for labelling of foodstuffs to be delivered to the ultimate consumer are laid down. Labelling of the foodstuff should not mislead the ultimate consumer. Detailed but generally applicable requirements have been formulated as to the information to be provided. Major issues are: name, list and quantities of ingredients, shelf-life, name and address of the manufacturer, instructions for use, etc. All ingredients should be listed in descending order of quantit Food additives shall be designed by their category name followed by their specified name or EC number, for example Emulsifier E 322. Also requirements on the minimum durability of the foodstuff should be printed by using the wording best before.. oruse by.. depending on the perishable nature of the foodstuff. Directive 89/109/EEC lists requirements on labelling of packaging materials. This concerns, however, not the final product but the packaging material when it is not in contact with the food. In that case the packaging material should be accompanied with instructions for use such as suitability for various types of foodstuffs and maximum temperature range. In addition, it should be possible to trace back the packaging material to the manufacturer in case of a calam 22.10.1 Relevance to active and intelligent packaging system Directive 2000/13/EC requires listing of food additives used in the manufacture or preparation of foods and still present in the finished product. It may be questionable whether an additive released from the packaging material is added during manufacturing or preparation, but no doubt it will be present in the final product. Therefore, any substance intentionally released into the food while being packed should be listed according to the rules of Directive 2000/13/EC Requirements on total quantities should be respected, irrespective of the stage at which the substance becomes part of the foodstuff. Intelligent systems could lement the information presently given to the consumer. It is conceivable that ling requirements could be changed due to the information given by intelligent systems. For example, use by dates could be replaced by information obtained from a time-temperature indicator. However, the introduction of intelligent systems and consumer education regarding interpretation will be needed before making any changes to labelling requirements in this respect Active and intelligent packaging systems may be incorporated in the packaging material of the foodstuff. They can also be packed with the food
Recommendation Allowance should be made in the Food Hygiene Directive to replace the ‘use by’ date with dedicated time temperature indicators. 22.10 Food labelling, weight and volume control Labelling of foodstuffs is meant to give consumers information on the composition of the food and to protect them. In Directive 2000/13/EC requirements for labelling of foodstuffs to be delivered to the ultimate consumer are laid down. Labelling of the foodstuff should not mislead the ultimate consumer. Detailed but generally applicable requirements have been formulated as to the information to be provided. Major issues are: name, list and quantities of ingredients, shelf-life, name and address of the manufacturer, instructions for use, etc. All ingredients should be listed in descending order of quantity. Food additives shall be designed by their category name followed by their specified name or EC number, for example ‘Emulsifier E 322’. Also requirements on the minimum durability of the foodstuff should be printed by using the wording ‘best before . . .’ or ‘use by . . .’ depending on the perishable nature of the foodstuff. Directive 89/109/EEC lists requirements on labelling of packaging materials. This concerns, however, not the final product but the packaging material when it is not in contact with the food. In that case the packaging material should be accompanied with instructions for use such as suitability for various types of foodstuffs and maximum temperature range. In addition, it should be possible to trace back the packaging material to the manufacturer in case of a calamity. 22.10.1 Relevance to active and intelligent packaging systems Directive 2000/13/EC requires listing of food additives used in the manufacture or preparation of foods and still present in the finished product. It may be questionable whether an additive released from the packaging material is added during manufacturing or preparation, but no doubt it will be present in the final product. Therefore, any substance intentionally released into the food while being packed should be listed according to the rules of Directive 2000/13/EC. Requirements on total quantities should be respected, irrespective of the stage at which the substance becomes part of the foodstuff. Intelligent systems could supplement the information presently given to the consumer. It is conceivable that labelling requirements could be changed due to the information given by intelligent systems. For example, ‘use by’ dates could be replaced by information obtained from a time-temperature indicator. However, the introduction of intelligent systems and consumer education regarding interpretation will be needed before making any changes to labelling requirements in this respect. Active and intelligent packaging systems may be incorporated in the packaging material of the foodstuff. They can also be packed with the food in Legislative issues relating to active and intelligent packaging 487
488 Novel food packaging the form of a sachet, box or label. Consumers should be made aware that the object included in or on the packed food is not a part of that food. Sachets with a powder could easily be confused with ingredients like salt or pepper. Great care should be taken to prevent the consumers eating it. Labelling only by text not sufficient. Consumers who cannot read must be protected as well. Therefore the introduction of a harmonized universal symbol, which indicates that the object is not part of the foodstuff, seems appropriate. According to labelling Directive 2000/13/EC, the ultimate consumer should be informed properly Therefore, also information on the function of the inedible active or intelligent aging system, should be print Usually, active and intelligent packaging systems will not be available to the consumer as such. They will be purchased by food manufacturers and food packers. The manufacturers should also be informed about the range of applications and restrictions of use as well as about the quantity of additive that may be released from an active system. This could be achieved by means of documents attached to a batch of articles Recommendations Labelling of foods shall be in compliance with Directive 2000/13/EC Substances released from a system should be considered a food additive added during manufacturing or preparation of the food Requirements on labelling, at the retail stage, should be formulated with the aim to inform the consumer about the presence of a non-food component the function of the system inedibility of the system by means of written text and a pictogram any possible risk upon digestion of a syste These requirements could be added to the directive on labelling, but it may be more appropriate to add them to the specific directive on active and intelligent food contact materials At the wholesale stage, active and intelligent packaging systems should be accompanied by a certificate of compliance with regulations of food contact materials Instructions on conditions and restrictions of use should be given at the wholesale stage 22 10.2 Weight and volume control Several eu directives deal with the weight and volume control of pre-packaged food Directive 75/106/EEC and Directive 76/211/EC relate to pre-packages ade up by volume and weight respectively. The pre-packages must bear an indication of the product weight or volume, known as nominal weightor nominal volume' which they are required to contain
the form of a sachet, box or label. Consumers should be made aware that the object included in or on the packed food is not a part of that food. Sachets with a powder could easily be confused with ingredients like salt or pepper. Great care should be taken to prevent the consumers eating it. Labelling only by text seems not sufficient. Consumers who cannot read must be protected as well. Therefore, the introduction of a harmonized universal symbol, which indicates that the object is not part of the foodstuff, seems appropriate. According to labelling Directive 2000/13/EC, the ultimate consumer should be informed properly. Therefore, also information on the function of the inedible active or intelligent packaging system, should be printed. Usually, active and intelligent packaging systems will not be available to the consumer as such. They will be purchased by food manufacturers and food packers. The manufacturers should also be informed about the range of applications and restrictions of use as well as about the quantity of additive that may be released from an active system. This could be achieved by means of documents attached to a batch of articles. Recommendations • Labelling of foods shall be in compliance with Directive 2000/13/EC. Substances released from a system should be considered a food additive added during manufacturing or preparation of the food. • Requirements on labelling, at the retail stage, should be formulated with the aim to inform the consumer about: – the presence of a non-food component – the function of the system – inedibility of the system by means of written text and a pictogram – any possible risk upon digestion of a system. These requirements could be added to the directive on labelling, but it may be more appropriate to add them to the specific directive on active and intelligent food contact materials. • At the wholesale stage, active and intelligent packaging systems should be accompanied by a certificate of compliance with regulations of food contact materials. • Instructions on conditions and restrictions of use should be given at the wholesale stage. 22.10.2 Weight and volume control Several EU directives deal with the weight and volume control of pre-packaged food. Directive 75/106/EEC 38 and Directive 76/211/EC39 relate to pre-packages made up by volume and weight respectively. The pre-packages must bear an indication of the product weight or volume, known as ‘nominal weight’ or ‘nominal volume’ which they are required to contain. 488 Novel food packaging techniques