T.C.
TARIM ve KÖYÝÞLERÝ BAKANLIÐI
Koruma ve Kontrol Genel Müdürlüğü
Communiqué on Materials and Articles in Contact with Foodstuffs
Authorization Law: Turkish Food Codex
The Official Gazette: 22.04.2002-24734
Communication No : 2002/32
Objective
Article 1- The objective of this communiqué is to determine the specifications of materials and articles in contact with foodstuffs in order to provide production, processing, storage, transportation and marketing of these substances and materials in technically appropriate and hygienic conditions.
Scope
Article 2- This Communiqué covers in its final form, materials and articles in contact with foodstuffs. Further, materials and articles which contact with the water intended for individual use are also within the scope of this Communiqué.
However, materials and articles which are used as covering cheese, the prepared meat products or fruits and which form part of foodstuffs or may be consumed together with those foodstuffs, as well as the fixed water supply units designed to provide water to the community or the individual and the antique items and materials shall not be subject to this Communiqué.
Legal Basis
Article 3- This Communiqué is prepared in accordance with the Turkish Food Codex Regulation published in the Official Gazette dated 16.11.1997 with reiterated no. 23172.
Specifications of the Articles
Article 4- The specifications of materials and articles within the scope of this Communiqué are given below:
a) Materials and articles shall be manufactured in compliance with good manufacturing practice so that, under their normal or foreseeable conditions of use, they do not transfer their constituents to foodstuffs in quantities which could endanger human health and bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the organoleptic characteristics thereof.
b) In addition to this Communiqué, the groups of materials and articles listed in Annex-1 and, where appropriate, combinations of these materials and articles shall be subject to an other Communiqués. These Communiqués may include:
- The permissible substances,
- The purity criteria for such substances,
- The special conditions of use for these substances and/or the materials and articles in which they are used,
- The specific limits on the migration of certain constituents or groups of constituents into or onto foodstuffs,
- The total migration limits of constituents into or onto foodstuffs,
- If necessary, provisions aimed at protecting human health against any hazards which might arise through oral contact with material and articles,
- The rules which are necessary for the protection of the human health and for preventing the undesired changes in the structure and the sensorial specifications of the foodstuff,
- The general methods for controlling the rules made for the specific migration limits, the total migration limits, protection of the human health and the prevention of the undesired changes in the foodstuff,
- The detailed rules on the sampling and analysis methods in order to control all the information specified above.
c) The health criteria that will be applied for materials and articles listed in Annex-1 and disciplined under separate Communiqués are indicated in Annex-2.
Hygiene
Article 5- The products covered by this Communiqué must be produced in compliance with the general rules provided in the Food Hygiene Section of the Turkish Food Codex Regulation.
Packaging and Labellling – Marking
Article 6- The rules to be complied with in the marking of materials and articles covered by this Communiqué are described below:
a) Without prejudice to any exceptions provided for in the specific Communiqués, materials and articles not already in contact with foodstuffs must, when placed on the market, be accompanied by:
i) The words “for food use” or a specific indication as to their particular use, such as soup spoon, coffee machine and wine bottle,
ii) Where appropriate, indication of any special conditions to be observed when they are being used,
iii) Indication of the firm name (title), trade name and address or the authorised office or the approved trademark of the producer or the processor or their overseas offices.
b) The information referred to in paragraph (a) of this section shall be conspicuous, clearly legible and indelible.
c) The following are required during marketing of materials and articles;
i) At the retail stage,
The firm name or the trade name, the address or the authorised office or the approved trademark of the producer or the processor or their overseas offices shall be placed as a note;
- on materials and articles or on the package; or
- on a label attached to the material or pasted or adhered on the package; or
- in cases when, because of technical reasons or impediments, neither labeling nor imprinting is possible, a note showing the firm name or trade name, the address or the authorised office or the approved trade mark should take place in a way which will be clearly visible to purchaser.
ii) At the marketing stages other than the retail stage,
- on the product information documents; or
- on the label or the package; or
- on the materials and articles.
d) The presence of the markings provided in paragraph (a) of Article 6 is not compulsory for materials and articles that contact with foodstuffs as the necessity of their nature.
e) The substances (i) and (ii) of paragraph (a) of this section are valid also for materials and articles possessing the criteria described in paragraph (a) of Article 4 of the Communiqué and for those with or without related specific Communiqués, but which do have national provisions.
f) Written documents are required for showing that materials and articles comply to the provisions with the Turkish Food Codex Regulation.
g) The information on materials and articles shall be written in a language that can be comprehended easily by the customer or in several international languages.
Methods of Sampling and Analysis
Article 7- The rules mentioned in the section of Sampling and Analysis Methods of the Turkish Food Codex Regulation shall be complied with in sampling of the products on the line of production and from the storehouse.
Compliance with European Union
Article 8- This Communiqué is prepared within the framework of harmonisation with European Union in consideration of the Commission Directive no. 89/109/EEC on “Harmonisation of the Laws of Member Countries Regarding Materials and Articles that Contact with Foodstuffs”.
Registration and Inspection
Article 9- The establishments producing and selling materials and articles covered by this Communiqué, are obliged to comply with the provisions of this Communiqué throughout registration and certification, importation, control and inspection. Legal action pursuant to the provisions of the ‘Decree Law’ No. 560, dated 24.06.1995 on the Production, Consumption and Inspection of Food, shall be taken against the establishments that are not in compliance with these provisions.
Inspection
Article 10- The implementation of the provisions of this Communiqué shall be inspected by the Ministry of Agriculture and Rural Affairs and the Ministry of Health pursuant to the ‘Decree Law’ no. 560.
Provisional Article 1- It is mandatory for the establishments that are currently active and produce and sell the products covered by this Communiqué to comply with the provisions of the Communiqué within 3 years. The establishments that do not make the required arrangements within the mentioned period will not be allowed to continue their activities. Legal action shall be taken concerning the establishments that produce and sell these products, pursuant to the provisions of the Decree Having the Force of Law no. 560.
Enforcement:
Article 11- This Communiqué enters into force on of the date of publication.
Execution:
Article 12- The provisions of this Communiqué are executed by the Minister of Agriculture and Rural Affairs and the Minister of Health.
ANNEX- 1
List of Materials and Articles covered by Separate Communiqués
- Plastics, including varnish and coating
- Regenerated cellulose films
- Elastomeres and rubber (latex)
- Paper and board
- Ceramic
- Glass
- Metal and alloys
- Wood, including cork
- Textile products
- Paraffin waxes and microcrystalline waxes
ANNEX- 2
Health criteria to be applied in the specific Communiqués
1. Where appropriate, positive lists of substances shall be established for materials and articles in contact with foodstuffs. The acceptability of a substance for inclusion in a positive list shall be determined by considering both the quantity of the substance which is liable to migrate into foodstuffs and the toxicity of the substance.
2. A substance shall only be included in a positive list where, under normal or foreseeable conditions of use of any material and article of which it forms a part, the substance is not liable to migrate into foodstuffs in a quantity likely to constitute a danger to human health.
3. For certain materials it may be inappropriate to establish a positive list because such a list would offer no tangible benefit in terms of safeguarding human health. In such circumstances, any substances for which specific migration limits need to be established in order to prevent their being transferred to foodstuffs in quantities likely to constitute a danger to health shall be identified. The criteria set out in paragraphs 1 and 2 shall also apply to these substances.
4. All substances shall be kept under review and reassessed whenever this is justified by fresh scientific data or a re-evaluation of existing scientific data.
5. where an acceptable daily intake or a tolerable daily intake is established for a particular substance, the need to establish a specific migration limit in order that this intake is not exceeded shall be considered. Where such a specific migration limit is established for a substance, due regard shall be paid to other possible sources of exposure to the substance.
6. In certain circumstances, a specific migration limit on a substance may not be the most valid means of safeguarding human health. In such circumstances, the need to protect human health shall be the primary consideration in determining what action might be appropriate.