Recycled plastic in food contact: what has to be shown
Recycled plastic can touch food only when the recycling removes contamination well enough. The EU regulates the process; FDA offers nonbinding guidance.
In Short
- EU: Regulation 2022/1616, as amended.
- US: FDA's 2021 guidance is nonbinding.
- Trace recycled resin lots into every finished lot.
The Packaging & Food-Contact Materials Guide
Every roll traced to its film, ink and adhesive lots.
- Which rules apply
- Evidence for the use
- Hold, decide, trace
We ask for your name and email so we can handle this request. The full guide then opens on this site, ready to translate, print or save. Privacy policy. Practical orientation, not legal advice; your quality unit decides which rules apply.
UltimateFree guide
The Packaging & Food-Contact Materials Guide
Every roll traced to its film, ink and adhesive lots.
Recycled plastic can only touch food if the recycling removes contamination well enough. In the EU, Commission Regulation (EU) 2022/1616 sets the rules. In the US, FDA's final guidance on recycled plastics in food packaging (July 2021) sets out chemistry considerations; it is nonbinding. Sources checked 3 Oct 2026.
EU: a specific measure under 1935/2004
Article 1 of 2022/1616 says it covers placing on the market plastic materials containing plastic from waste, and the development and operation of recycling technologies, processes and installations. Its recitals treat mechanical PET recycling and closed, controlled product loops as suitable technologies, with mechanical PET processes subject to individual authorisation.
EU and US at a Glance
| EU | US | |
|---|---|---|
| Instrument | Regulation (EU) 2022/1616, as amended | FDA guidance, July 2021 |
| Status | Binding regulation | Nonbinding recommendations |
| Focus | Technologies, processes, installations, input | Chemistry of the recycling process |
- Instrument
- EU
- Regulation (EU) 2022/1616, as amended
- US
- FDA guidance, July 2021
- Status
- EU
- Binding regulation
- US
- Nonbinding recommendations
- Focus
- EU
- Technologies, processes, installations, input
- US
- Chemistry of the recycling process
More on eU: a specific measure under 1935/2004
It has since been amended, including by Regulation (EU) 2025/351.
Where the input comes from
Article 6 sets conditions for collection and pre-processing. Under the regulation, plastic input must come from defined sources and be collected and pre-processed under quality-assured conditions.
More on where the input comes from
Read the current consolidated text for the exact conditions.
Monitoring Decontamination
Article 13 asks a recycler operating a decontamination installation to monitor contamination levels using a robust sampling strategy across input and output. A Union register records technologies, processes and installations.
US: FDA's Recycled Plastics Guidance
FDA's July 2021 guidance highlights chemistry issues a manufacturer should consider when evaluating a recycling process for producing food-contact material. It is a nonbinding recommendation.
More on uS: FDA's Recycled Plastics Guidance
FDA status still depends on the authorisation of the material for its use.
Keep the chain visible
For a converter, the practical file is the recycled resin supplier, the recycling process and any authorisation or FDA response the supplier relies on, declarations by revision, intended use, and the recycled resin lots used in each lot shipped.
Worked Example: Tracing a Recycled Resin Lot
- Day 0rPET lot R-2207 received with the supplier's declarationReceiving
- Day 0Declaration revision matched to approved supplier recordQuality
- Day 3R-2207 used in tray lots T-118 and T-119Production
- Day 40Customer query answered from the lot trace in minutesQuality
Questions
Which EU regulation covers recycled plastic in food contact?
Commission Regulation (EU) 2022/1616, a specific measure under 1935/2004. It has since been amended, including by Regulation (EU) 2025/351; read the consolidated text.
Is FDA's recycled plastics guidance binding?
No. It is final guidance containing nonbinding recommendations (July 2021).
Does an FDA response on a recycling process satisfy the EU?
No. The EU has its own system under 2022/1616.
Can V5 verify recycled content?
No. V5 keeps supplier documents, declarations, receiving records and lot trace for recycled resin. Your team and suppliers provide and assess the evidence.
Practical orientation, not legal advice. Rules differ by jurisdiction; your quality and compliance team decides what applies.
Keep reading
Food-Contact Materials in the EU and US: One Evidence File, Two Systems
EU 10/2011 Plastics Food Contact: Union List, Migration Limits and the Declaration of Compliance
EU Packaging and Packaging Waste Regulation (PPWR) 2025/40 Readiness
FCM Migration Testing Readiness Guide (EU 10/2011 & FDA)
FDA Food-Contact Polymers (21 CFR 177): Clearance Routes, FCNs and Conditions of Use
Bisphenols and Phthalates in Plastics: EU 2024/3190, FDA Abandoned Uses and CPSC Limits