No Objection Letter for Recycled Plastics #86
June 4, 2004
Dr. Dietmar Loidl
OFI Technologie & Innovation GmbH
A-1030 Wien (Vienna)
Arsenal Objekt 213, Franz-Grill Strasse 5
Dear Dr. Loidl:
This letter is in response to your inquiry of September 22, 2003, requesting on behalf of your client, STARLINGER & Co. GmbH, FDA's opinion regarding the capability of their | | | | | | | | | | | | | | | | | | | | | | | | |. secondary recycling process to produce post-consumer recycled (PCR) polyethylene terephthalate (PET) suitable for use in manufacturing food-contact articles for use with all types of food under conditions of use E through G. Although you have stated that only post-consumer PET food containers will be used as feedstock for this process, sufficient information has been provided in your submission for us to evaluate the inclusion of non-food containers in the feedstock makeup. This request has been entered into our files as PNC 244.
We have evaluated the residual surrogate testing data provided in you submission as well as the diffusion calculations modeling the migration of each of the five surrogate contaminants into food. Based upon our review of these data and our own calculations, we have concluded that the | | | | | | | | | | | | | | | | | | | |. recycling process put forth by STARLINGER & Co. GmbH is capable of effectively removing contaminants from PET resin to levels safe for food contact use. This conclusion covers the use of PCR-PET with all food types under Conditions of Use E through G as described in Table 2 in CFR 176.170 when the feedstock consists of food and/or non-food containers, provided the PCR-PET complies with 21 CFR 177.1630 and any other applicable regulations. Please note that our conclusion applies only to PCR-PET containers obtained from deposit and curbside recycling programs (i.e., feedstock would not include industrial PET containers such as 55 gallon drums that had previously held chemicals) and processed by the method described in PNC 244. If STARLINGER & Co. GmbH's recycling process is modified, new data would need to be evaluated.
If you have any further questions concerning this matter, please do not hesitate to contact us.
Paul Honigfort, Ph.D.
Consumer Safety Officer,
Division of Food Contact Notifications, HFS-275
Office of Food Additive Safety
Center for Food Safety
and Applied Nutrition