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Packaging and the Law: Regulations and Compliance for Businesses

Packaging design must abide by all applicable laws and rules from the government. There may be laws and restrictions about packaging design in the nations, states, and areas where the product is made, packed, shipped, sold, and exported or imported. Legal concerns for packaging designers include product labelling, which includes ingredients, nutritional data, claims made about the product, and bar codes; particular structural and material requirements; and logo design and/or trademark registration.

Legal and regulatory matters are ultimately the client's responsibility. Still, the designer must be aware of them and be able to confirm that all legal obligations relevant to a gift packaging box design project have been fulfilled.

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What Federal Agency Regulates Packaging?

The Federal Trade Commission

The Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) oversee the production and use of food packaging materials. Two comprehensive pieces of legislation form the foundation of contemporary packaging food box laws. The FDA has enforced the FDC Act since 1958.

The Fair Packaging and Labeling Act (FPLA), passed in 1967, also gives both agencies the authority to adopt regulations about the commodity's labelling, its net contents, and the name and address of the distributor, packer, or maker.

The FDA

Material that comes into touch with food is considered a food contact substance (FCS) and is governed by FDA regulations. These materials might be anything from parts for packaging to machinery used in manufacturing.

Food must be closely inspected to ensure its safety since molecules from packing materials might seep into the food or drink it contains. Generally, most manufacturers deal with the FDA regarding box packaging for food compliance.

NIST

The US Department of Commerce's National Institute of Standards and Technology (NIST) plays a supporting role in creating measuring solutions and maintaining fair standards. Almost all US states have ratified the Uniform Packaging & Labeling Regulation (UPLR), which NIST created in 1952 and is now covered under NIST Handbook 130.

Packaging Requirements: What Are They?

The criteria for packaging are governed by many laws and authorities, covering everything from the packaging's raw materials to its look and labelling. The FDA administers the FPLA about foods, medications, cosmetics, and medical devices. Regarding other "consumer commodities" used or consumed in the home, the FTC implements the FPLA. Despite being excluded from the FPLA, many products are subject to state-specific Weights and Measures legislation.

Although there is some overlap, the UPLR can cover a wider variety of printed packaging sleeves . Nonetheless, Wyoming, North Dakota, Minnesota, Louisiana, and Rhode Island are the five states that have not ratified the UPLR.

Bag Suffocation Warning regulations set forth by certain states and local governments specify the size, thickness, and labelling standards for plastic bags used for packaging. According to federal requirements, goods imported into the United States must bear a national origin stamp.

Possible Changes for Packaging Manufacturers

The FDA introduced a new rule in January 2022 regarding delisting FCNs. If a manufacturer ceases using a substance for a cause other than safety, the rule aims to facilitate the FDA's determination of whether the material is no longer effective. Manufacturers would also be able to influence the decision early in the process.

Producers of materials and chemicals that come into contact with food continue collaborating within the sector and with national and state legislation to enhance packaging materials and techniques. By focusing on the nexus of food integrity, durability, and safety, manufacturers and regulatory bodies need to become more adaptable and agile.

Final thoughts

We know that single-use plastics are bad for the environment and that consumers would want to see less of them. As experts, we are responsible for balancing morality with economy in production, leading by example and remaining afloat. We all have a role, but ours is the most significant. So, we must stay aware of and comply with local plastic packaging directives and communicate transparently with business partners and end users.

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