Plastic containers, bottles, and wrapping films touch food every day, and any chemical migration from plastic into food directly affects consumer health. The law tightly manages this product group from raw materials through pre-market declaration procedures.
1. Why food-contact plastics face special regulation
Food-grade plastics are commonly blended with additives: plasticizers, heat stabilizers, antioxidants, and colorants. Under high temperatures or contact with oily or acidic foods, substances such as residual monomers, phthalates, or bisphenol can migrate from packaging into food. This migration risk is why the law places utensils and packaging materials in direct contact with food among products subject to conditional safety management. The Law on Food Safety 55/2010/QH12 makes producers and traders responsible for their products’ safety — enterprises cannot rely solely on suppliers’ commitments but must proactively control quality from inputs to finished goods.
2. Safety requirements for plastic food packaging
Products must conform to the corresponding national technical regulation, which sets migration limits for substances moving from plastic into food plus labeling and traceability requirements. Enterprises must test samples at a state-designated laboratory; the test report is the central evidence of compliance. Facilities must also maintain hygienic conditions, control incoming materials, and keep batch traceability records. When a product is found non-compliant, the enterprise must stop circulation, recall it, and report to the regulator; deliberately circulating unsafe products may lead to administrative penalties and compensation liability.
3. Declaration procedures under Decree 15/2018
Decree 15/2018/ND-CP establishes two mechanisms: product self-declaration (Article 4) for most ordinary foods and packaging materials, and registration of product declarations (Articles 6 to 8) for groups under stricter management. Utensils and packaging materials in direct contact with food, including plastic packaging, fall under self-declaration: the enterprise declares on its own, bears responsibility for the dossier’s accuracy, and files with the managing authority. A key validity note: Decree 46/2026/ND-CP of 26/01/2026, meant to replace Decree 15/2018, is currently suspended from application under Resolution 15/2026/NQ-CP of 06/04/2026. At the time of writing (20/10/2026), declaration procedures therefore continue under Decree 15/2018/ND-CP; the QA Council will re-verify validity during review.
Conclusion
Food-contact plastic safety rests on two layers: compliance with technical regulations on migration limits and completion of product declaration before circulation. Enterprises should keep periodic testing routines, complete traceability records, and track the validity of Decree 15/2018 and Decree 46/2026 so the legal framework never catches them off guard.
Frequently asked questions
1. What requirements apply to plastic packaging in direct contact with food?
Plastic packaging and utensils in direct contact with food must be safe, must not migrate hazardous substances into food at levels harmful to health, and must comply with the applicable national technical regulation on food-contact plastics. Enterprises need test reports from a designated laboratory proving the product meets permissible migration limits before market placement.
2. May recycled plastic be used for food packaging?
In principle, recycled plastic may be used for food-contact packaging only when it fully meets safety requirements and is accepted by the competent authority under current regulations. Because of the risk of residual contaminants from the plastic’s previous life cycle, stricter testing is needed along with dossiers proving the origin and the qualified recycling process. The QA Council should verify the detailed rules during review.
3. Where are product declaration procedures carried out?
Organizations and individuals producing or trading food-contact plastic packaging complete product declaration procedures with the competent food-safety authority under the decentralization scheme. The dossier includes the declaration form, a valid test report, and documents proving material origin and quality. As of 20/10/2026, procedures continue under Decree 15/2018/ND-CP.
4. How long is a product test report valid?
Test result sheets used in declaration dossiers must be issued by a designated laboratory and remain within their validity period under the regulations (the commonly applied practice is 12 months). Enterprises should proactively retest before expiry so the declaration dossier stays valid and avoids penalties during surprise inspections.
5. What extra care applies to imported food plastic packaging?
Imported plastic food packaging, besides product declaration like domestic goods, must undergo state inspection on food safety at the border gate as prescribed. A consignment is cleared only when it satisfies the inspection requirements. Importers should ask foreign suppliers in advance for quality certificates and conforming test results.
This article has been quality-reviewed by the FLAW AI Legal Council.