Sellers of food contact materials and kitchen products
Food Contact Compliance: FDA Rules for Sellers
Selling anything that touches food — tumblers, cutting boards, silicone molds, food storage containers — triggers FDA food contact regulations. But the requirements are more nuanced than most compliance guides suggest, and many sellers overspend on testing they don't actually need.
Quick Answer
Food contact products in the U.S. must comply with FDA regulations (21 CFR 174-186). The main requirement is a declaration of conformity from your supplier confirming FDA-compliant materials. Third-party testing is not always required, but Prop 65 testing is recommended for California sales.
Why You're Probably Here
Amazon listed your product under "food contact" and you're getting compliance requests
Amazon categorizes products as food contact based on listing keywords. If your listing mentions "food," "kitchen," "eating," or "drinking," expect compliance scrutiny.
Your supplier says the product is "food grade" but can't provide documentation
"Food grade" is a marketing term, not a regulatory classification. What matters is whether the materials comply with FDA 21 CFR regulations for food contact substances.
What Matters Most
There is no "FDA food grade certification"
The FDA does not certify or approve food contact products. Compliance means using materials from the FDA's approved substances list. Anyone claiming to sell "FDA certified" food contact products is using a marketing term.
A supplier declaration of conformity is usually sufficient
For most food contact products, a written declaration from your supplier stating that the materials comply with FDA 21 CFR is the standard compliance document. Third-party testing is optional.
Requirements
FDA Food Contact Substances Regulation
Required21 CFR Parts 170-199
Materials that contact food must be made from substances that are FDA-approved for food contact use. This includes plastics, metals, coatings, adhesives, and colorants.
Why it applies: Any product that touches food during preparation, storage, or consumption falls under FDA food contact regulations.
Testing: No mandatory third-party testing. Compliance is based on using FDA-approved materials. Migration testing is recommended but not always required.
What this means for you: The FDA doesn't "certify" food contact products. Compliance means your materials are on the FDA's approved list. Your supplier should provide a declaration of conformity.
California Proposition 65
ImportantCal. Health & Safety Code 25249.6
Food contact products may contain Prop 65 listed chemicals (lead in ceramics, BPA in plastics, cadmium in glazes). California requires warnings.
Why it applies: Ceramics, stainless steel, and certain plastics used in food contact products commonly trigger Prop 65.
What this means for you: If selling ceramic, stainless steel, or colored plastic food contact products to California, add a Prop 65 warning. Bounty hunter lawsuits target this category heavily.
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What Sellers Get Wrong
Paying for "FDA food grade certification" from a third-party company
Why sellers do this: Companies market "FDA certification services" to sellers who don't know the FDA doesn't issue food contact certifications.
The reality: There is no such thing as FDA food grade certification. You're paying for a meaningless certificate. A supplier declaration of conformity is the actual standard.
Assuming all stainless steel is food-safe
Why sellers do this: Sellers think "stainless steel" automatically means food-safe.
The reality: Not all stainless steel grades are food-contact compliant. Low-quality stainless can leach nickel or chromium. Ask your supplier for the specific grade (304 or 316 are standard food-contact grades).
What Most Guides Won't Tell You
Migration testing is worth doing for high-risk materials
While not always required, migration testing ($200-$500) for products with colored coatings, printed designs, or non-standard plastics is cheap insurance against Prop 65 lawsuits.
Prop 65 is the real risk for food contact sellers
Federal FDA enforcement for food contact products is light. But Prop 65 bounty hunter lawsuits targeting food contact products with lead in ceramics or BPA in plastics are common and expensive.
What To Do Next
Request a declaration of conformity from your supplier
Ask your supplier for a written statement that materials comply with FDA 21 CFR for food contact use. Specify which parts of 21 CFR apply to their materials.
Verify the material grades
For stainless steel, confirm it's 304 or 316 grade. For plastics, confirm the specific resin is on FDA's approved list. For silicone, confirm it's food-grade platinum-cured.
Consider Prop 65 testing for California sales
If your product has colored coatings, glazes, or non-standard materials, Prop 65 testing ($200-$500) protects you from bounty hunter lawsuits.
Add appropriate labeling
Include "food safe" or the food contact symbol on packaging. Add Prop 65 warnings if selling to California.
Run a compliance scan for your specific product
Food contact products may trigger additional requirements based on materials and target market. A Prodovo Labs scan identifies everything that applies.
Frequently Asked Questions
Does the FDA certify food contact products?
Do I need testing for a stainless steel tumbler?
What does "food grade" actually mean?
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