US
Food and
Drug
Administratio
Special considerations for antimicrobial
food additives
The general provisions applicable to all indirect food additives state, in part, "that the
quantity of any food additive that may be added to food,
as
a result of its use
in
articles
in that contact food, shall not exceed that which results from the use of the substance in
an amount not more than reasonably required to accomplish the intended technical
effect in the food contact article." As stated previously, the FDA requests
data
relating to
the technical effect of a proposed new food additive in both food additive petitions and
food contact substance notifications. These technical-effect
data
are not used to set per-
formance standards for additive technical effects, nor to compare the effectiveness of
one additive to another; rather they are used to ensure that the amount of the additive
migrating to food is at the lowest possible level reasonably required to accomplish the
intended technical effect. Because the FDA's authority to deny a food additive petition
is limited to safety issues, and issues that may lead to deception of the consumer, adul-
teration of food or misbranding, the FDA views technical effect
data
only from these
perspectives. Consequently, there are no distinctions in the approval processes between
components of traditional or passive packaging materials (like polymeric plasticizers
and stabilizers) and the "active" components of active or intelligent packaging materi-
als. Importantly, no distinction needs to be made to arrive at a safety determination.
Although our current food additive approval processes readily accommodate food
additive petitions and food contact substance notifications for components of active
and intelligent packaging, certain types of packaging materials, whether they are
active or passive, deserve additional consideration. Importantly, as stated above, the
food contact substance notification process is intended only for the approval of mate-
rials that exert no technical effect on the food. Consequently, substances that are
employed in active packaging materials and that have no intended technical effect on
the food, such as freshness indicators, may be approved through the notification
process. However, approvals for substances that exert a technical effect on the food,
even though they may be incorporated in or delivered from the package, would be
processed through the food additive petition program.
In
particular, packaging materials that contain antimicrobial additives may fimction in
either a passive or an active manner. If the antimicrobial additive is functioning
as
a mate-
rial preservative in the package, then its fimction is passive, and there is no effect on the
food in the package. Such a substance is a candidate for approval through the food
contact substance notification process. However, if the antimicrobial additive is intended
to be slowly delivered to the packaged food by migration, or any other type of time-
release mechanism, then the intended technical effect is on the food, and a food additive
approval would generally be sought through the food additive petition process. Marketing
claims such as "improved shelf life" generally indicate a technical effect on the food.
There are other ways that antimicrobial food additives, whether passive or active,
are treated differently from other food additives
in
the approval process. While many
food additive products improve the quality, appearance or flavor of foods, antimicro-
bial food additive products, often called preservatives, have the potential to improve