FDA Decision on Safety of Reusable Shopping Bags And Lead (Pb) in Reusable Shopping Bags Update November 29, 2010 I. Reusable shopping bags do not pose a food safety hazard Update (No food safety hazard) FDA has notified us that it does not view the use of reusable shopping bags as a food safety hazard. Based on FDA’s study and analysis of the intended use of these bags and levels of lead found in some bags, there is “little or no likelihood” of a food safety hazard. Using procedures similar to those used by FDA to assess the safety of glazed pottery and food contact surfaces, FDA’s Office of Food Additive Safety found there is little, if any, transfer of lead and have determined that the use of reusable shopping bags does not constitute a food safety hazard. Background A concern was raised, first initiated by a consumer activist in New York, about the environmental impact that could result from the disposal of certain reusable shopping bags that tested positive for lead (Pb). The voluntary Model Toxics in Packaging Legislation, which has adopted as law in 19 states (see below for the list of states) sets standards for heavy metals in packaging materials. The goal of this activist group is to have this Model become Federal law. Although this began as an environmental issue, a question was raised about the possibility that this could also be a food safety concern. FDA, charged with responding to this concern, has concluded that the use of reusable shopping bags does not present a food safety hazard. II. Model Toxics in Packaging Legislation Update (Potential Environmental Impact) In those states that have adopted the Model Toxics in Packaging Legislation (see below for more details), there may still be a concern regarding the environmental impact of reusable shopping bags. Because the Toxics in Packaging Legislation is a model, states can adopt it with modifications and apply their own interpretation to the definitions. Whether a reusable grocery shopping bag meets the definition of “packaging” is a matter of interpretation and you should check with the regulatory authority for clarification. In making this determination, the following should be considered: Although the term ”bag” is included in the Model’s definition of packaging, some states have interpreted “packaging” to refer to that material which becomes waste after the package is opened or used, or for that material which is intended for single use packaging and then disposed. Because the shopping bags are reusable, they do not become waste after the products are removed, or after a single use, and therefore are not packaging material under the Model. 2 The Model includes several exemptions, although states vary as to which exemptions they have adopted and how they are interpreted. One of the exemptions includes (in part), “…packages and packaging components that are reused but exceed contaminant levels … provided that the product being conveyed by such package and\or the package\packaging component is (are) regulated under Federal and\or State health or safety requirements…” (The complete wording in the Model exemption is inserted below) Because FDA has determined there is no food safety hazard to the products being conveyed in the shopping bags, they may qualify under this exemption. The Model is intended to reduce the amount of packaging materials entering into solid waste and therefore, allowing the use of reusable shopping bags, even those containing lead, has the desired effect and will gradually lower the presence of heavy metals caused by single-use packaging. The food retail industry is committed to reducing harmful chemicals in the environment and will continue to work with manufacturers and suppliers to further reduce the occurrence of lead in packaging materials and reusable shopping bags. Model Toxics in Packaging Legislation The Toxics in Packaging Clearinghouse (TPCH) was formed in 1992 to promote the adoption of the Model Toxics in Packaging Legislation. It is intended to reduce the amount of heavy metals in packaging and packaging components that are sold or distributed throughout the United States. The Model attempts to reduce the presence of 4 specific heavy metals: mercury, lead, cadmium and hexavalent chromium in packaging. By lowering the amount of these compounds in packaging materials, it is hoped that the amount of heavy metals entering municipal solid waste and, ultimately, landfills and incinerators will be reduced. A reduction of these metals as waste will gradually lower their presence in the environment. Link to Model Toxics in Packaging Legislation: http://www.toxicsinpackaging.org/index.html The Model Toxics in Packaging Legislation has been adopted in the following states: California, Connecticut, Florida, Georgia, Illinois, Iowa, Maryland, Maine, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin. Exemptions: Section 5 (e.) e. packages and packaging components that are reused but exceed contaminant levels set forth in subsection c of Section 4 of this Act, provided that the product being conveyed by such package and\or the package\packaging component is (are) regulated under Federal and\or State health or safety requirements; and provided that transportation of such packaged product is regulated under Federal and\or State transportation requirements, and provided that disposal of such package is performed according to Federal and\or State radioactive or hazardous waste disposal requirements, and provided that the manufacturer or distributor of the packages and packaging components notifies the [State Administrative Agency] of the applicability of an exemption under this subparagraph to its packages and packaging components, and provided that an exemption under this subparagraph shall expire on January 1, 2020 3 III. Consumer Products Safety Commission (CPSC) The Consumer Products Safety Commission establishes lead standards for safety reasons. According to FDA, the reusable shopping bags do not present a food safety risk. CPSC has a lead standard for products designed or intended primarily for children 12 years of age or under. The standard, as per CPSIA section 101(a) states: As of “August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm …on August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.” There is no CPSC standard for products intended for general use (other than products such as leadbased paints used in homes, on furniture, etc.). Based on our discussion with CPSC, we believe that these bags do not meet the criteria for products intended for use by children 12 and under and are for general use. However, bags that have designs that are intended to specifically appeal to children 12 and under may meet the criteria for products intended for children. If that is the case, then the limits above would apply. IV. Recommendations Retailers should consider working with their suppliers/manufacturers of reusable shopping bags to assess the lead levels in the bags and work toward lowering levels where possible. Check with your state to determine if they have any laws regarding environmental lead levels for packaging or if they have adopted the Toxics in Packaging Legislation. Work with states to clarify the difference between packaging and reusable bags intended for conveyance, and to encourage the use of reusable bags by exempting them from the Model.