Food packaging sold in the United States may be subject to federal, state, and local requirements. These rules can affect the materials that touch food, the information printed on a label, environmental marketing claims, and the way certain packages are collected or managed after use.
For businesses, compliance involves more than buying a container labeled “food grade.” A material may be suitable for one food but not another. Its regulatory status can depend on the food’s acidity, fat content, filling temperature, storage conditions, and length of contact.
Different agencies may also regulate different aspects of a packaged food. The FDA oversees most food and food-contact substances, while the USDA regulates meat, poultry, and certain egg products. The Federal Trade Commission addresses potentially misleading environmental marketing claims.
This guide explains the main U.S. food-packaging requirements businesses should understand. It provides general information and should not replace advice from a qualified regulatory or legal professional.
What Are Food Packaging Regulations?
Food packaging regulations are rules that help ensure packages are safe, properly labeled, and suitable for their intended use.
They can cover:
- Food-contact materials
- Packaging additives
- Chemical migration
- Manufacturing practices
- Label information
- Allergen declarations
- Nutrition labeling
- Tamper-evident features
- Recycled materials
- Environmental claims
- State packaging restrictions
- Producer-responsibility programs
- Recordkeeping and traceability
Food businesses may need to comply with several sets of requirements at the same time.
For a broader introduction to packaging types, functions, materials, and business considerations, read our complete guide to food packaging.
Which Agencies Regulate Food Packaging?
Several government bodies may have a role depending on the food and claim involved.
Food and Drug Administration
The FDA regulates most foods sold in the United States and the safety of substances used in food-contact materials.
Examples of FDA-regulated foods include:
- Bakery products
- Snacks
- Beverages
- Dairy products
- Seafood
- Produce
- Dietary supplements
- Sauces
- Candy
- Packaged meals that are not under USDA jurisdiction
The FDA also maintains regulations, notifications, inventories, exemptions, and guidance covering food-contact substances.
U.S. Department of Agriculture
The USDA Food Safety and Inspection Service regulates the labeling of meat, poultry, and certain egg products.
Businesses selling these products may need to follow FSIS requirements in addition to requirements affecting the packaging materials themselves.
FSIS labeling rules can cover:
- Product name
- Inspection legend
- Net weight
- Ingredients
- Safe-handling instructions
- Nutrition information
- Claims
- Handling statements
- Establishment identification
Some labels require specific approval, while others may qualify for generic approval when they meet applicable requirements.
Federal Trade Commission
The FTC addresses advertising and marketing practices, including environmental claims made on packaging.
Claims such as the following should be accurate and supportable:
- Recyclable
- Compostable
- Biodegradable
- Made with recycled content
- Refillable
- Made with renewable materials
- Uses less packaging
- Eco-friendly
The FTC’s Green Guides help businesses understand how environmental claims may be interpreted and when additional qualification is necessary.
State and Local Authorities
States and local governments may establish additional requirements for:
- Single-use plastics
- Polystyrene food-service products
- PFAS in food packaging
- Recycling labels
- Deposit-return systems
- Minimum recycled content
- Compostable-product labeling
- Extended producer responsibility
- Packaging fees
- Local food-service containers
A package that meets federal food-contact requirements may still face restrictions in a particular state.
What Is a Food-Contact Substance?
A food-contact substance is a material or component intended for use in manufacturing, packing, packaging, transporting, or holding food when the substance is not intended to have a technical effect in the food.
Food-contact substances can be found in:
- Plastic containers
- Paper coatings
- Can linings
- Adhesives
- Printing inks
- Colorants
- Antioxidants
- Closures
- Lid liners
- Sealing materials
- Processing equipment
- Conveyor belts
- Recycled plastic
The regulatory review applies to more than the package’s main material. Businesses should consider the complete structure.
Learn more about commonly used food packaging materials and their properties before selecting a package.
How Does the FDA Regulate Food-Contact Substances?
A substance used in food-contact packaging needs an appropriate regulatory basis for its intended use.
Possible regulatory pathways include:
- A regulation in the Code of Federal Regulations
- An effective Food Contact Notification
- A Threshold of Regulation exemption
- A prior sanction
- Another applicable exclusion or exemption
The correct pathway depends on the substance and intended use.
Businesses should not assume that a material is permitted simply because it is commercially available.
The Code of Federal Regulations
Federal food-contact requirements are found in Title 21 of the Code of Federal Regulations.
Important sections include:
21 CFR Part 174
Part 174 contains general provisions for indirect food additives.
It establishes that substances used in food-contact articles should:
- Be of suitable purity for their intended use
- Not exceed applicable limitations
- Not be used in larger amounts than reasonably necessary
- Comply with other applicable provisions of federal food law
21 CFR Part 175
Part 175 covers certain adhesives and components of coatings.
21 CFR Part 176
Part 176 addresses certain paper and paperboard components.
21 CFR Part 177
Part 177 covers polymers used in food-contact applications.
21 CFR Part 178
Part 178 addresses certain adjuvants, production aids, and sanitizers.
21 CFR Part 179
Part 179 includes requirements related to irradiation in the production, processing, and handling of food, including certain packaging applications.
A material’s presence in the CFR does not necessarily permit every possible use. Businesses must review limitations, specifications, food types, temperatures, and other conditions.
Food Contact Notifications
The Food Contact Notification program is a primary FDA pathway for authorizing new uses of food-contact substances.
A notification typically contains information concerning:
- Identity and composition
- Intended use
- Manufacturing
- Technical effect
- Migration
- Estimated dietary exposure
- Toxicology
- Environmental considerations
An important point is that an effective Food Contact Notification is generally specific to the manufacturer or supplier identified in the notification and the stated conditions of use.
A business should not assume that a notification held by one supplier automatically covers an equivalent material from another supplier.
The FDA provides a searchable inventory of effective Food Contact Notifications.
Threshold of Regulation Exemptions
Under 21 CFR 170.39, the FDA may exempt certain uses of substances that are expected to migrate to food at negligible levels when the applicable criteria are met.
The FDA maintains a database of Threshold of Regulation exemptions.
Businesses should verify that the exemption covers the exact substance and intended conditions of use.
Prior Sanctions and GRAS Status
Certain packaging uses may have a prior sanction or may be generally recognized as safe for their intended use.
These are specific regulatory concepts. They should not be treated as general marketing terms.
A supplier claiming that a material is GRAS or covered by a prior sanction should provide enough information for the business to understand:
- Which substance is covered
- Which use is covered
- Which limitations apply
- What evidence supports the status
Intended Conditions of Use
Food-contact compliance depends heavily on how the package will be used.
The FDA’s reference categories include:
- High-temperature sterilization
- Boiling-water sterilization
- Hot filling
- Room-temperature storage
- Refrigerated storage
- Frozen storage
- Reheating inside the container
- Irradiation
- High-temperature cooking
Food categories can also distinguish between:
- Acidic and nonacidic foods
- Fatty and nonfatty foods
- Dry foods
- Beverages
- Dairy products
- Bakery products
- Foods containing alcohol
A package intended for cold, dry food should not automatically be used for hot, oily, or acidic food.
Our article on choosing the best food packaging explains how to match packaging with the food, temperature, shelf life, and distribution system.
What Does “Food Grade” Mean?
“Food grade” is commonly used to describe materials intended for contact with food, but the phrase alone does not establish compliance for every application.
A business should confirm:
- Exact material composition
- Intended food types
- Maximum and minimum temperatures
- Contact time
- Single-use or repeated-use status
- Hot-fill suitability
- Microwave or oven suitability
- Applicable regulatory basis
- Restrictions or specifications
- Identity of the manufacturer
A general statement from a distributor may not be enough. Request documentation connected to the exact product code and supplier.
Good Manufacturing Practice Requirements
Food-contact materials should be manufactured and used according to good manufacturing practices.
This means businesses should control factors such as:
- Material purity
- Amount of additives used
- Production hygiene
- Contamination
- Equipment condition
- Pest control
- Employee practices
- Storage
- Traceability
- Quality inspection
- Change management
Under 21 CFR 174.5, the quantity of an indirect additive should not exceed what is reasonably required to achieve its intended function, and food-contact substances must be of suitable purity.
Regulatory authorization does not excuse a package that makes food unfit by introducing an unacceptable taste, odor, or other problem.
Read our detailed guide to food packaging safety standards and testing for practical controls.
Migration and Safety Assessment
Migration is the movement of substances from packaging into food.
The FDA considers factors such as:
- Identity of the migrating substance
- Amount expected to migrate
- Food type
- Contact time
- Temperature
- Cumulative dietary exposure
- Toxicological information
- Safe exposure levels
Migration can be higher under more demanding conditions, such as:
- Elevated temperatures
- Long storage
- Contact with fatty food
- Contact with acidic food
- Large package-contact surface
- Repeated use
Migration testing or modeling may be needed when developing a new food-contact substance or confirming a particular use.
Recycled Plastic in Food Packaging
Recycled plastic can be used in certain food-contact applications, but its safety must be properly evaluated.
The FDA identifies concerns such as:
- Contamination from previous use
- Mixing food-contact and non-food-contact plastic
- Additives that may not comply with food-contact requirements
- Inadequate cleaning or source control
- Use outside the reviewed conditions
The FDA evaluates recycled-plastic processes and provides guidance for manufacturers.
A business purchasing packaging containing post-consumer recycled plastic should request information about:
- Source of the recycled material
- Recycling process
- Contamination controls
- Food-contact suitability
- FDA correspondence when applicable
- Intended food types
- Temperature and contact limitations
- Percentage of recycled content
Using recycled material does not remove the need to comply with food-contact safety requirements.
Paper, Coatings, Adhesives and Inks
Paper-based packaging may include several components:
- Virgin or recycled fiber
- Grease-resistant coatings
- Moisture barriers
- Plastic films
- Adhesives
- Printing inks
- Colorants
- Sealants
A paper box should not be evaluated only as “paper.” Each component that may contact food or reasonably transfer to food should be considered.
Printing inks
Printing inks are often placed on the outside of a package, but risks may arise through:
- Direct contact
- Set-off when printed packages are stacked or rolled
- Migration through packaging
- Improper curing
- Use on the wrong surface
- Damage or abrasion
Businesses should use inks and printing processes suitable for the package construction and intended food application.
Adhesives
Adhesives may be used in:
- Labels
- Cartons
- Laminated films
- Closures
- Seams
- Paper cups
- Trays
The adhesive’s regulatory status, placement, curing, and potential food exposure should be assessed.
Food Labeling Requirements
Packaging materials and package labels are regulated through related but separate requirements.
For most FDA-regulated packaged foods, required label elements may include:
- Statement of identity
- Net quantity of contents
- Ingredient list
- Allergen declaration
- Nutrition Facts panel
- Name and address of the manufacturer, packer, or distributor
- Required warnings
- Handling or storage instructions where applicable
The exact requirements depend on the food, business, package, and claims.
Principal display panel
The principal display panel is the part of the package most likely to be seen by the customer under normal retail conditions.
It commonly carries:
- Product identity
- Net quantity
Information panel
Other required information is commonly placed on the information panel, subject to applicable formatting and placement rules.
Businesses should confirm requirements before finalizing the package structure. A visually attractive container may create compliance problems if it does not provide enough usable label space.
Nutrition and Health Claims
Claims can trigger additional requirements.
Examples include:
- Low fat
- Sugar free
- Healthy
- High protein
- Good source of fiber
- Reduced sodium
- Natural
- Organic
Organic claims fall under USDA National Organic Program requirements rather than being controlled only by general FDA labeling rules.
Allergen Labeling
Packaged foods subject to FDA labeling requirements must appropriately declare major food allergens when applicable.
Businesses should consider allergens in:
- Ingredients
- Compound ingredients
- Flavorings
- Processing aids
- Shared production
- Label changes
- Supplier substitutions
Packaging artwork controls are important because applying the wrong label to a food can create a serious allergen risk.
Useful controls include:
- Barcode verification
- Line clearance
- Label reconciliation
- Approved artwork files
- Version control
- Production checks
- Destruction or control of obsolete labels
Tamper-Evident Packaging
Certain products may be subject to specific tamper-evident packaging requirements.
Even when not legally required, tamper-evident features may help customers identify whether a package has been opened.
Examples include:
- Induction seals
- Breakaway caps
- Shrink bands
- Tear strips
- Sealed pouches
- Film overwrap
- Inner membranes
Tamper evidence should not be confused with tamper resistance. A feature may reveal interference without making the package impossible to open.
Meat, Poultry and Egg Product Packaging
USDA FSIS oversees labeling for meat, poultry, and certain egg products.
Businesses in these categories should determine:
- Whether FSIS jurisdiction applies
- Whether the label qualifies for generic approval
- Whether specific approval is required
- Which inspection marks must appear
- Which handling statements are required
- Whether special claims need documentation
- How the establishment number must be presented
Do not use a general FDA food-label template for a USDA-regulated product without reviewing the FSIS requirements.
Environmental Packaging Claims
Environmental statements appearing on food packaging are marketing claims and should be accurate.
Recyclable
A package may be technically capable of recycling but not accepted by enough community programs.
The FTC Green Guides advise businesses to qualify recyclable claims when appropriate recycling facilities are not available to a substantial majority of consumers or communities where the product is sold.
Possible qualified language includes:
- Recyclable where facilities exist
- Check locally
- Store drop-off required
- This component may not be recyclable in your area
Recycled content
State the percentage clearly when only part of the package uses recycled material.
For example:
“Bottle made with 30% post-consumer recycled plastic.”
Clarify whether the claim applies to the bottle, cap, label, or complete package.
Compostable
Businesses need reliable evidence supporting compostable claims.
The package should explain whether it is:
- Commercially compostable
- Home compostable
- Accepted only in certain programs
A commercially compostable package should not be presented as suitable for backyard composting unless that claim is independently supported.
Biodegradable
Broad biodegradable claims can be misleading when the package will normally be sent to a landfill, recycling facility, or incinerator where suitable decomposition conditions may not exist.
Refillable
A package should not be described as refillable without a practical method for customers to refill or return it.
For more guidance on materials and environmental communication, read our article about sustainable food packaging.
State Food Packaging Laws
State packaging laws are developing quickly, particularly in areas involving plastics, PFAS, recycling claims, compostability, recycled content, and producer responsibility.
Businesses selling nationally may need to create a compliance plan that considers the strictest relevant state requirements.
Extended producer responsibility
Extended producer responsibility programs may require producers to:
- Register
- Join a producer responsibility organization
- Report packaging volumes and materials
- Pay fees
- Meet reduction or recycling targets
- Change package design
- Maintain records
Which company is legally considered the “producer” can depend on the law and distribution arrangement.
California SB 54
California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act establishes requirements affecting certain single-use packaging and plastic food-service ware.
Businesses selling packaged products in California should determine:
- Whether their packaging is covered
- Whether an exemption applies
- Who is treated as the producer
- Which reporting or participation requirements apply
- How recyclability and source-reduction rules affect the package
Other states have adopted or are developing their own packaging programs, and the details are not identical.
PFAS restrictions
Some states restrict intentionally added PFAS in certain food packaging.
Businesses should ask suppliers for:
- Material composition
- Coating information
- PFAS statements
- Test information when appropriate
- Change-notification commitments
A federal food-contact authorization does not necessarily override a stricter state restriction.
Imported Food Packaging
Imported food and packaging must meet applicable U.S. requirements.
Importers should not assume that compliance with another country’s regulations automatically establishes U.S. compliance.
Request documentation covering:
- Exact material
- Manufacturer
- Food-contact basis
- Conditions of use
- Test methods
- Production location
- Coatings and additives
- Ink and adhesive systems
- Traceability
Businesses should also review import responsibilities applying to the food itself.
Supplier Documentation
A reliable supplier should provide documentation connected to the exact packaging product.
Useful documents include:
- Technical data sheet
- Material composition
- Food-contact compliance statement
- Applicable CFR citations
- Food Contact Notification number, if applicable
- Intended food types
- Temperature and time limitations
- Migration-testing information
- Good-manufacturing-practice statement
- Recycled-content documentation
- Change-notification procedure
- Lot-traceability information
Do not accept vague statements
A letter saying “all our packaging is FDA approved” may be too broad.
The FDA does not issue a general approval for every finished package. Regulatory status is commonly based on authorized substances and conditions of use.
The documentation should explain the basis of compliance accurately.
Packaging Specifications and Records
Businesses should maintain written specifications for each package.
Specifications may include:
- Supplier
- Product code
- Material
- Dimensions
- Thickness
- Color
- Food-contact layer
- Closure
- Seal requirements
- Intended use
- Temperature limits
- Print version
- Label artwork
- Test requirements
- Acceptance criteria
Records can help demonstrate which packaging was used for a particular production lot.
Managing Packaging Changes
A change to packaging can affect regulatory compliance even when it seems small.
Review changes involving:
- Supplier
- Resin
- Recycled content
- Paper source
- Coating
- Adhesive
- Ink
- Colorant
- Closure
- Thickness
- Manufacturing process
- Manufacturing location
- Package size
- Food formula
- Filling temperature
- Storage period
U.S. Food Packaging Compliance Checklist
Before launching a packaged food, confirm:
Regulatory responsibility
- Which agency regulates the food?
- Do FDA, USDA, FTC, state, or local rules apply?
- Are requirements different in each sales market?
Food-contact materials
- What is the complete package composition?
- What is the regulatory basis for every relevant component?
- Does that basis cover the food and conditions of use?
- Are specifications and limitations documented?
- Is recycled material properly evaluated?
Labeling
- Is the product identity correct?
- Is net quantity presented correctly?
- Are ingredients and allergens properly declared?
- Is nutrition information required?
- Are manufacturer details included?
- Are claims reviewed and supported?
- Is enough label space available?
Environmental claims
- Is every claim specific?
- Is supporting evidence available?
- Are recycling limitations clearly qualified?
- Is composting infrastructure considered?
- Does state law impose additional requirements?
Supplier control
- Does documentation match the exact product?
- Can lots be traced?
- Are changes communicated in advance?
- Are incoming packages inspected?
Testing and records
- Has the finished package been tested?
- Are seal, migration, temperature, and shipping risks addressed?
- Are documents retained?
- Is a change-control process in place?
Common Compliance Mistakes
Assuming “FDA approved” covers everything
Compliance depends on the substances, supplier, food, temperature, contact time, and intended use.
Reviewing only the main material
Coatings, inks, adhesives, liners, closures, and recycled content may also require evaluation.
Ignoring state requirements
Federal compliance may not address state restrictions or producer-responsibility laws.
Reusing foreign compliance documents
European or other foreign documentation may be helpful but does not automatically demonstrate U.S. compliance.
Making broad environmental claims
Terms such as “green,” “eco-friendly,” and “biodegradable” can be misleading without clear qualifications and evidence.
Failing to control artwork
Using an outdated or incorrect label can create allergen, ingredient, or claim violations.
Changing suppliers without review
Materials that appear identical may have different compositions or regulatory bases.
Final Thoughts
U.S. food packaging compliance involves several connected areas: food-contact materials, intended conditions of use, manufacturing practices, labels, marketing claims, and state requirements.
The FDA regulates most food-contact substances and packaged foods. USDA FSIS has responsibility for meat, poultry, and certain egg products. The FTC addresses potentially deceptive environmental claims, while states may impose additional packaging restrictions and producer responsibilities.
Businesses should identify every packaging component, confirm its regulatory basis, obtain supplier documentation, test the finished package, review label content, and monitor changes in every market where the product is sold.
Because laws and agency guidance can change, regulatory information should be checked again before launching or modifying a package.
Frequently Asked Questions
Does the FDA approve food packaging?
The FDA regulates substances used in food-contact materials through regulations, effective notifications, exemptions, and other legal pathways. Businesses should verify the regulatory basis and conditions of use rather than relying on a general “FDA approved” claim.
What is a food-contact substance?
It is a substance used in manufacturing, packing, packaging, transporting, or holding food that is not intended to have a technical effect in the food.
Which CFR sections cover food packaging?
Important sections include 21 CFR Parts 174 through 178, along with other provisions depending on the substance and intended use.
What is an FDA Food Contact Notification?
It is a premarket notification pathway for certain food-contact substances. An effective notification is generally specific to the named manufacturer or supplier and intended use.
Is food-grade packaging automatically safe for every food?
No. Suitability can depend on the food type, temperature, contact time, processing, and storage conditions.
Can recycled plastic be used for food packaging?
Yes, in appropriate applications when the recycled material, process, purity, and conditions of use are properly evaluated.
Who regulates meat and poultry packaging labels?
USDA’s Food Safety and Inspection Service regulates labeling for meat, poultry, and certain egg products.
Are recyclable and compostable claims regulated?
Environmental claims are subject to truth-in-advertising principles, FTC guidance, and potentially state requirements. Claims should be accurate, supportable, and appropriately qualified.
Do state food packaging laws apply to online sellers?
They may. Applicability depends on the law, product, packaging, sales market, and business role. Businesses selling across state lines should review requirements in every destination market.
What packaging documents should businesses keep?
Businesses should retain specifications, food-contact compliance statements, CFR or notification references, test reports, supplier records, label approvals, traceability information, and change-control records.
