On 11 February 2026, the World Trade Organization notified members of a draft Administrative Order issued by the Philippines’ Food and Drug Administration (FDA) that sets out general guidelines for food-contact articles (FCAs) used in prepackaged processed food products.
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The proposed measure aims to prevent food adulteration resulting from chemical migration from packaging materials, strengthen post-market controls, and align enforcement with the Food Safety Act of 2013. Stakeholders have been invited to submit comments during the consultation period, with implementation details to be finalized after review.
Food Contact Materials Regulation Framework in the Philippines
The draft order builds on the national food safety framework by clarifying how existing legal provisions apply to food-contact materials and articles. While current regulations address adulteration broadly, the FDA notes that migration of chemicals from packaging into food has not previously been regulated through a unified compliance framework.
Scientific literature over several decades has documented the migration of substances from packaging into food under certain conditions. The draft seeks to close regulatory gaps by establishing clearer obligations for food business operators (FBOs) and their packaging suppliers.
Enforcement will be anchored in the Food Safety Act, the FDA Act, and the Consumer Act, providing authorities with administrative tools to address misbranding, adulteration, and non-compliance.
Scope of Materials Covered by the Regulation
The proposed guidelines apply to both locally manufactured and imported FCAs in finished form that are intended for direct food contact. Covered materials include:
- Metals, glass, ceramics, and enamels
- Paper and paperboard
- Rubber
- A wide range of polymers, including PET, PE, PP, PS, PVC, nylon, polycarbonate, PMMA, PVDC, and PVOH
- Synthetic and formaldehyde-based resins
The scope also extends to active and intelligent packaging systems, such as oxygen absorbers, antimicrobial packaging, time-temperature indicators, RFID-enabled systems and gas sensors.
Recycled packaging materials that have undergone reprocessing are explicitly included and must meet the same safety and suitability requirements as virgin materials.
Excluded from coverage are untreated natural materials such as banana leaves and bamboo, edible casings that form part of the food, and fixed water supply equipment.
Core Compliance Principles
At the center of the draft is the requirement that FCAs must not result in migration of constituents into food at levels exceeding prescribed limits.
Compliance will be assessed against existing FDA regulations and Philippine National Standards (PNS). Where PNS are not available, ASEAN or other internationally recognized standards may be used as reference points.
Verification may involve documentation review, inspection, and post-market surveillance. The FDA also retains discretion to apply additional appropriate means to confirm safety and suitability.
Compliance Duties for Food Business Operators
The draft places primary responsibility on FBOs placing prepackaged processed food products on the market.
Key obligations include:
- Selecting FCAs suitable for the specific food type, contact duration, and storage or processing conditions
- Procuring packaging with clearly declared intended use, material identity and usage limitations
- Securing a Certificate of Suitability or equivalent documentation from FCA suppliers
- Maintaining traceability systems to support control measures and product recalls
- Ensuring proper storage and handling of packaging prior to use
- Providing clear warnings for non-edible active or intelligent packaging components, such as sachets labeled “DO NOT EAT”
Implementation Timeline and Enforcement
Products already on the market before the order takes effect will have 12 months to comply. During this period, existing stocks may continue to be used, provided they do not pose a food safety risk and do not violate applicable laws.
Following the transition, enforcement actions may include administrative penalties and sanctions under the Food Safety Act, the FDA Act, and the Consumer Act.
The order will take effect after publication in the Official Gazette or a newspaper of general circulation and filing with the University of the Philippines Law Center’s Office of the National Administrative Register.
Conclusion
The Philippines’ draft guidelines is a step toward formalizing controls on food-contact articles used in prepackaged processed foods. By clarifying migration limits, expanding oversight to active, intelligent, and recycled materials, and defining operator responsibilities, the measure strengthens the regulatory framework for packaging safety. If adopted as proposed, the order will require closer coordination between food manufacturers and packaging suppliers, with greater emphasis on documentation, traceability and post-market monitoring across the supply chain.
