Manila, February 2026. Food and Drug Administration has circulated a draft Administrative Order establishing general guidelines for the regulatory compliance of food-contact articles (FCA) used with prepackaged processed food products. The measure aims to prevent adulteration from chemical migration, align oversight with the Food Safety Act of 2013, and strengthen post-market surveillance. Comments are invited until 10 April 2026.

What the Draft Does

The order creates a unified compliance framework for FCAs used by food business operators, covering both locally manufactured and imported articles in finished form. It sets expectations for suitability, documentation, and verification, and ties enforcement to existing Philippine food safety and consumer protection laws.

Scope and Coverage

Covered items include any primary packaging or other FCA in direct contact with food, across materials such as metals, glass, ceramics, enamels, paper and paperboard, rubbers, and a wide range of polymers (e.g., PET, PE, PP, PS, PVC, nylon, polycarbonate, PMMA, PVDC, PVOH). The scope also extends to active and intelligent packaging components and to recycled packaging materials that have undergone reprocessing. Exclusions include untreated naturally occurring food-contact media, edible casings that become part of the food, and fixed water-supply equipment.

Core Compliance Principles

• FCAs must not cause migration of constituents into food above prescribed limits, assessed against FDA rules, Philippine National Standards (PNS), or, where PNS are absent, other recognized ASEAN or international standards.

• Compliance may be demonstrated through documentation review and post-marketing surveillance.

• FDA may use other appropriate means to confirm suitability and safety.

Responsibilities for Food Business Operators

Food business operators placing prepackaged processed foods on the market are responsible for:

• Selecting suitable FCAs for the food type, contact time, and storage or processing conditions.

• Procuring FCAs with declared intended use, material identity, and limitations, supported by substantiated safety and regulatory claims.

• Obtaining and keeping a Certificate of Suitability or equivalent documentation from suppliers and maintaining traceability to enable control and recall.

• Ensuring proper storage and maintenance of FCAs before use to prevent damage or contamination.

• Verifying the safety, quality, and suitability of active and intelligent packaging, and providing clear warnings for non-edible components such as sachets (e.g., “DO NOT EAT”).

Active, Intelligent, and Recycled Packaging

Active packaging includes absorbers or emitters of gases or moisture, antimicrobial components, and systems that change gas permeability. Intelligent packaging covers RFID, time-temperature indicators, freshness indicators, biosensors, and gas sensors. Reprocessed recycled materials are within scope and must meet the same suitability and safety expectations as virgin materials.

Transition and Enforcement

Products already in the market before the order takes effect have 12 months to comply. During this period, existing stocks may be used if they pose no food-safety risk and do not violate applicable laws. After the transition, full compliance is required, with enforcement grounded in the Food Safety Act, the FDA Act, and the Consumer Act. Violations can lead to administrative penalties and sanctions, including actions for misbranding or adulteration. Effectivity follows publication in the Official Gazette or a newspaper of general circulation and filing with UP Law Center–ONAR.

Consultation Details

The notice identifies the comment point of contact at the Bureau of Philippine Standards under the Department of Trade and Industry. Final adoption and entry-into-force dates will be set after the consultation period.