“Eco” packaging is still food packaging. A bagasse clamshell, a paper cup with a plant-based lining or a paper straw goes into contact with food, so the food-contact rules of the country where it is used apply in full. Switching from plastic to fibre does not remove those rules; it changes which ones bite, and adds a new question about grease-proofing chemistry.

This article sets out what we could confirm in the primary texts for the European Union, the United States, Japan and Vietnam, and which documents to ask the factory for. For the product decisions themselves, see our guides to paper cups, bagasse containers and paper straws and wooden cutlery.

💬 Not sure which food-contact documents your packaging needs for your market? Send us the product, its material structure and where it will be sold, and we will work through the document list with the factory. Ask us about your packaging.

The four markets at a glance

Each market has a general safety rule for all food-contact materials plus specific rules for some materials, and plastics are the material with the most detailed rules everywhere, including the plastic layer inside a paper cup.

Checked against the published texts on 26 October 2026.

MarketGeneral frameworkSpecific rules most relevant to eco packagingKey document
EURegulation (EC) No 1935/2004Regulation (EU) No 10/2011 for plastics, including plastic layers in multi-material items; PFAS limits in Regulation (EU) 2025/40Declaration of compliance for plastics; supporting test data
United StatesFederal Food, Drug, and Cosmetic Act; 21 CFR Parts 174 to 17821 CFR 176.170 and 176.180 for components of paper and paperboard; 21 CFR 177.1520 for olefin polymers such as polyethyleneSupplier’s statement of regulatory status for each component
JapanFood Sanitation ActPositive list for synthetic resin used in utensils, containers and packagingInformation from the supplier that the resin materials comply (Article 53)
VietnamLaw on Food Safety; Decree 15/2018/ND-CPQCVN 12-1:2011/BYT for synthetic resin and QCVN 12-2:2011/BYT for rubber in direct contact with foodProduct self-declaration, with test results for the relevant QCVN part

European Union: the framework and the plastic layer

In the EU, every food-contact material must meet the general safety rule of Regulation 1935/2004, and any plastic layer, even inside a paper cup, must also meet the plastics regulation and come with a declaration of compliance.

Article 3 of Regulation (EC) No 1935/2004 requires materials to be made under good manufacturing practice so that they do not transfer constituents to food in quantities that could endanger human health, change the composition of the food unacceptably, or deteriorate its taste and smell. Labelling and presentation must not mislead consumers.

Three more articles matter for an importer:

  • Article 15, labelling. Materials not yet in contact with food when placed on the market, such as empty cups sold to a café, must carry the words “for food contact”, a specific indication of use, or the symbol in Annex II, any special instructions for safe use, and the name and address of the responsible business.
  • Article 16, declaration of compliance. Where a specific EU measure exists, materials must be accompanied by a written declaration that they comply, backed by documentation available to authorities on demand.
  • Article 17, traceability. Business operators must be able to identify who supplied materials to them and to whom they supplied them.

Plastic layers in paper products

Regulation (EU) No 10/2011 applies not only to articles made entirely of plastic but also, under Article 2(1)(e), to “plastic layers in multi-material multi-layer materials and articles”. Article 14 requires each plastic layer in such an article to comply with the regulation. Article 15 requires a written declaration of compliance at marketing stages other than retail. For a polyethylene-lined paper cup, ask for the declaration covering the plastic layer.

For paper, board and wood themselves, check whether a specific EU measure or a national rule of the Member State applies. Article 16(2) of Regulation 1935/2004 allows Member States to keep or adopt national provisions on declarations of compliance where no specific EU measure exists. Confirm the current rule in the Member State where you sell.

European Union: PFAS limits from 12 August 2026

Since 12 August 2026, food-contact packaging may not be placed on the EU market if it contains PFAS at or above the limit values in Article 5(5) of Regulation (EU) 2025/40.

The packaging and packaging waste regulation, Regulation (EU) 2025/40, sets three limit values for food-contact packaging:

MeasureLimit value
Any single PFAS, by targeted PFAS analysis (polymeric PFAS excluded from quantification)25 ppb
Sum of PFAS, by targeted PFAS analysis, where applicable with prior degradation of precursors (polymeric PFAS excluded)250 ppb
PFAS including polymeric PFAS50 ppm

Where total fluorine exceeds 50 mg/kg, the manufacturer, importer or downstream user of the substance must, on request, provide proof of how much of the fluorine is PFAS and how much is not, so that the packaging manufacturer or importer can complete its technical documentation. PFAS are defined by chemical structure (at least one fully fluorinated methyl or methylene carbon atom, with listed exceptions).

The limits apply to food-contact packaging. Whether a particular item, such as a straw or cutlery sold separately, is packaging under the regulation is a separate question to check. For containers and cups, the practical step is to ask the factory for a test of the finished item that addresses these limits, and to keep it with the technical documentation.

💬 Need PFAS test data and declarations collected from the factory before your EU shipment? We coordinate testing and documents with the factory for each item. Tell us what you are shipping.

United States: FDA regulations and PFAS grease-proofers

In the US, each substance in a food-contact article needs a regulatory basis, such as a listing in 21 CFR or an effective food contact notification, and PFAS grease-proofers for paper are no longer being sold into the US market according to the FDA.

The FDA’s food-contact rules are in Title 21 of the Code of Federal Regulations. The sections most relevant to fibre-based packaging are:

  • 21 CFR 174.5, general provisions for indirect food additives, including good manufacturing practice limits.
  • 21 CFR 176.170, components of paper and paperboard in contact with aqueous and fatty foods.
  • 21 CFR 176.180, components of paper and paperboard in contact with dry food.
  • 21 CFR 177.1520, olefin polymers, which covers polyethylene of the kind used in cup linings when the conditions in that section are met.

Other routes include food contact notifications, effective only for the notifier’s substance, and the threshold of regulation exemption in 21 CFR 170.39. Ask the factory and its coating and ink suppliers for the regulatory basis of each food-contact substance.

PFAS grease-proofers

The FDA states that substances containing PFAS used as grease-proofing agents on paper and paperboard food packaging are no longer being sold by manufacturers into the US market, and that in January 2025 it published a Federal Register notice that the food contact notifications for those uses are no longer effective because the uses were abandoned. Several US states have their own laws on PFAS in food packaging; we did not verify them for this article, so confirm the current rule in each state where you sell.

Japan: the positive list for synthetic resin

In Japan, synthetic resin used in food utensils, containers and packaging may contain only substances on the positive list, which has applied in full since 1 June 2025, and sellers must tell their buyers that the resin materials comply.

Article 18 of the Food Sanitation Act allows standards to be set for utensils, containers and packaging, and Article 18(3) introduced the positive list system for materials designated by Cabinet Order. According to the Consumer Affairs Agency, which now runs the system, the designated material as of 1 June 2025 is synthetic resin; the system took effect on 1 June 2020, and the transitional measures ended on 31 May 2025.

For eco packaging this matters wherever there is a resin layer: the polyethylene or PLA lining of a paper cup, a plastic lid, or a resin coating on a fibre container. Article 53 requires anyone who sells, or manufactures or imports for sale, utensils or containers and packaging using the designated material to explain to their buyer that the resin materials meet the standards (or have been processed as allowed by Article 18(3)). Ask your factory for that information in a form your Japanese buyer can rely on.

Importing food-contact packaging for sale or business use also requires an import notification under Article 27 of the Act, each time. Our article on the Japan food import notification procedure explains the steps, including prior consultation on packaging materials.

Vietnam: QCVN 12 and self-declaration

In Vietnam, synthetic resin packaging and utensils in direct contact with food are assessed against QCVN 12-1:2011/BYT and placed on the market by self-declaration; the current risk list has no line for paper, bagasse or wood.

Circular 34/2011/TT-BYT of 30 August 2011, effective from 1 March 2012, issued three national technical regulations on the safety of packaging and utensils in direct contact with food:

  • QCVN 12-1:2011/BYT, synthetic resin
  • QCVN 12-2:2011/BYT, rubber
  • QCVN 12-3:2011/BYT, metal

A further national technical regulation, for glass, ceramic, porcelain and enamel, was issued with Circular 35/2015/TT-BYT of 28 October 2015, effective from 1 May 2016. None of these parts is written for paper, board or bagasse.

Circular 27/2026/TT-BYT of the Ministry of Health, in force from 1 July 2026, lists the medium-risk food-contact items. Synthetic resin containers and packaging are listed against QCVN 12-1:2011/BYT and rubber against QCVN 12-2:2011/BYT, and both are managed by self-declaration under Article 4 of Decree 15/2018/ND-CP. The list has no line for paper, bagasse or wood, so ask the authority receiving the declaration how a fibre item, or the resin lining inside it, is to be handled. Our article on Vietnam food import self-declaration covers that procedure, including for food-contact containers and packaging materials.

Building the document pack

Ask for documents that name your exact product and structure, cover every component that touches food, and are refreshed when the factory changes a material or a supplier.

DocumentUsually issued byWhat to check
Material structureFactoryEvery layer and component: fibre, coating, film, adhesive, ink, lid
Declaration of compliance (EU plastics)Factory or film supplierNames the product, the regulation and any restrictions on use
US regulatory status statementFactory and its material suppliersThe 21 CFR section or notification for each substance
Positive list information (Japan)Factory or resin supplierStates that the resin materials comply
QCVN test results (Vietnam)Accredited laboratoryThe correct QCVN part and the exact product tested
PFAS statement and test reportFactory and laboratoryFinished item tested; method suited to your market

Ask the factory to tell you before it changes a coating, film or ink; a new lining supplier can invalidate a declaration. Our factory audit checklist includes questions on how a factory controls incoming materials.

Frequently asked questions

1. Does a paper cup need an EU declaration of compliance?
If it has a plastic layer, yes. Regulation 10/2011 applies to plastic layers in multi-material items and requires a written declaration of compliance at stages other than retail.

2. When did the EU PFAS limits for food-contact packaging start?
On 12 August 2026, under Article 5(5) of Regulation (EU) 2025/40.

3. Are PFAS grease-proofers still used on US food packaging?
The FDA states that they are no longer sold into the US market. Several states have their own laws, so check each state.

4. Does Japan’s positive list apply to paper packaging?
The designated material is synthetic resin, so it reaches the resin layer of a lined cup, not the paper.

5. Which QCVN covers a paper cup in Vietnam?
No QCVN 12 part is written for paper. Synthetic resin is covered by QCVN 12-1:2011/BYT, so ask the authority receiving the self-declaration how a lined cup is to be handled.

Summary

Eco packaging is food-contact material, so the general safety rule, plastic-specific rules for any resin layer, and new PFAS limits all apply, and the evidence has to name your exact product.

Sunsho Trade is a trading company, not a factory. We find and vet factories in Asia for eco food packaging, and collect the declarations and test reports your market needs for each item before shipment.

💬 Want the document pack checked before you order? See our eco food packaging service, or send us the product and market and we will start with the factory.

Sources

Checked on 26 October 2026. EU texts were read in the Official Journal versions published through the EU Publications Office.