Health/Safety Guidelines for Metal Cookware & Bakeware
From the Cookware Manufacturers Association Standards Manual Pages 28-32
7.6 FOOD CONTAMINATION
The construction of and finish on all metal cookware and bakeware should permit easy
cleaning of the vessel. There should be no crevices, seams or rough edges to harbor
food or bacteria, particularly on food contact surfaces that cannot be readily cleaned.
7.7 APPLIED FINISHES/DECORATIONS TO METAL COOKWARE AND BAKEWARE
A finish or decoration for cookware can be any material which, when applied, changes the
basic appearance and/or function of that cooking utensil from its natural surface.
The finish or decoration may be applied through the use of either organic or inorganic
materials. It may be fused on under high heat, spray-applied and bake-dried, plated over
the metal, applied by an electrolytic (anodized) method, or in some cases, silk screen or
applied decal, as in the case of a decoration.
The type of finish or decoration has certain advantages in each instance, and, generally,
its application will be made where factors of use, durability, heat, abrasion, design and
appearance or other requirements will make one finish more suitable than another.
Any applied finish or decoration used on a utensil must be acceptable within all applicable
federal and state regulations. This applies, but is not limited to, the following types of
finishes or decorations:
Types of Finishes
Porcelain Enamel on Aluminum or Stainless Steel
Porcelain Enamel on Steel or Cast Iron
Acrylic Finish
Polyamide Finish
Chrome Plate Finish
Tin Finish
Anodized Finish
Hardcoat Anodized Finish
Nonstick Fluorocarbon Finish
Nonstick High Temperature Resin Finish
Nonstick Silicone Finish
Alkyd Finish
Porcelain enamel on porcelain or pottery
Polyurethane Finish
Epoxy Finish
Types of Decorations
Silk Screen - Porcelain
Silk Screen - Acrylic
Decalcomania
Pad Printed – Porcelain
Silk-screened PTFE decoration
The finishes or decorations, as outlined, are not intended to be all-inclusive, but they do
represent those most commonly used on metal cookware products. There are other
finishes under various individual company trade names, some of which are variations of
finishes or decorations indicated in the above listing.
There are a number of rules and regulations that are applicable to the allowable limits of
toxic metals that may be a part of materials of applied finishes/decorations as used on the
food contact surfaces of cookware and bakeware.
7.7.1 Applied Finishes Intended to Come Into Contact with Food.
Applied cookware and bakeware finishes, including nonstick coatings, intended to come
into contact with foods, must comply with laws, regulations, directives and/or
recommendations of the countries in which they are marketed. Finishes in the U.S. are
covered by Food and Drug Administration regulations that have the full force and effect of
law. As nonstick coatings are a primary food contact finish, this section provides guidance
for manufacturers wishing to use such nonstick finishes for food contact coatings in the
U.S. and Europe.
7.7.1.1 U.S. Regulations
In the United States, nonstick coatings fall into two categories:
- Those intended for use in commercial applications such as food-processing
facilities, deli departments of grocery stores; and,
- Those applied to noncommercial housewares for use in homes and restaurants to
prepare, dispense and serve food.
Nonstick coatings intended for use in commercial applications must comply fully with
the Federal Food, Drug and Cosmetic Act regulations found in Title 21 of the Code of
Federal Regulations. 1 An applied nonstick coating will meet these criteria if:
- the coating is applied in a continuous film over a metal or other suitable
substrate;
- the coating is formulated with approved substances generally recognized as safe,
permitted by prior sanction or approval or specifically listed in 21 CFR;
- extraction tests are conducted on the coating based upon the types of food and
the conditions of use recognized by the FDA;
- the coating passes extraction tests when tested with food-simulation solvents and
under conditions of time and temperature that characterized the intended
conditions of use;
- the extractives are measured by employing the analytical methods required by the
FDA;
- the tests are conducted using equipment and reagents required by the FDA; and,
- the coating has been thoroughly cleansed prior to its first use. It is each manufacturers responsibility to communicate this final requirement to the enduser
via product literature or package instructions.
Nonstick coatings applied to noncommercial housewares for use in homes and
restaurants to prepare, dispense, or serve foods are exempt from the FDA’s food additive
regulation under what is commonly referred to as the “housewares exemption.” There is
one exception: The FDA will take immediate action to protect the public’s health if
the nonstick coating is found to adulterate food with unsafe substances.
Although housewares are not regulated, it is incumbent on the manufacturer to ensure
that each coating is formulated with ingredients known to be safe for use in contact with
food and that are appropriate for the intended conditions of use. The prudent
manufacturer will have testing performed by a third party laboratory and/or obtain
certification from their coatings suppliers, to ensure that the nonstick coatings comply with
the same FDA test criteria as coatings used in commercial applications. Nonstick coatings
produced under the housewares exemption and tested in accordance with the FDA
criteria may be said to comply fully with the Food, Drug & Cosmetic Act and all applicable
food additive regulations.Manufacturers should be aware that products may need to
comply with other state, federal and international regulations, depending on where the
products are to be marketed.
7.7.1.2 European Regulations
There is no harmonized legislation regulating the manufacture of nonstick coatings in
Europe. Rather, food-contact materials used within the Member States of the European
Union (EU) are governed by directives, e.g. 89/109/EEC (Framework Directive) and
90/128/EEC (Monomers Directive). These directives establish general principles for
materials intended to come into contact with food. All food-contact materials must be
manufactured in accordance with good manufacturing practices and must not adulterate
food.
Many EU states have laws or “positive lists” of permissible substances. Others rely on
recommendations, (e.g. BgVV) or resolutions, (e.g. Council of Europe AP[96-5]). While
not legally binding, many cookware manufacturers insist that coatings meet these
recommendations and resolutions.
To facilitate trade, EU states have agreed to the principle of “mutual recognition”. This
allows for the legal importation and sale of housewares produced in one member state
which are legally marketed in another member state even if the products do not comply
with the specific regulatory requirements of the country of import.
Manufacturers planning to market their products in Europe should inform their coating
suppliers where the housewares will be offered for sale so that formulations are produced
with compliant ingredients. Failure to do so may result in the introduction of illegal
products into the European marketplace.
7.7.1.3 State Regulations
Nonstick coatings in both their liquid and finished (post-processing) form may be subject
to other federal and state agency regulations that may be unrelated to their safe use with
food. For example:
California. California’s Safe Drinking Water and Toxic Enforcement Act of 1986
(known as Proposition 65) seeks to prevent certain chemicals causing cancer or
reproductive toxicity from being discharged into water and from exposing
individuals to these substances with out giving a “clear and reasonable warning”
before “knowingly and intentionally” exposing anyone to a listed chemical. While
not an officially adopted regulation, California’s Attorney General has used the
following standard to enforce Proposition 65: California bans lead content greater
than 0.1 parts per million in any foodware surface, as tested using the AOAC method, 15th edition, section 973.32. This method relies on Standard Method ASTM-C-738 for
determining leached lead and cadmium, and is reproduced as exhibit “C” in this
manual. Manufacturers should advise their coating suppliers that their products
will be introduced into commerce in California to ensure that coatings formulae
will comply with provisions of Proposition 65.
Minnesota Statute 115A.9651. This statute bans the intentional introduction or
incidental presence above 100 parts per million of lead, cadmium, mercury or
hexavalent chromium into any pigment, paint, dye, ink or fungicides used or sold
in the state after 1998.
Massachusetts 105 CMR 460.200 Lead Poisoning and Control. This
regulation makes illegal the acts of applying any lead-based paint, glaze or other
substance to any toy, furniture, cooking, drinking or eating utensil and the sale,
intent to sell, delivery or give away of items to which a lead based paint, glaze or
other substance as been applied. “Lead based” means that when tested by
ASTM Standard Method C 738, the results are greater than 2 ppm lead.
7.7.1.4 Additional Testing
FDA-mandated extraction studies do not test for heavy metals nor are they intended to do
so. Manufacturers may want to have coating formulations independently tested or
reviewed for a variety of reasons. Independent laboratories can use various techniques to
ascertain trace amounts of or materials contained within coatings. Such independent
tests can be used to determine if the coatings contain detectable amounts of heavy
metals and/or that the coatings ingredients conform to FDA regulations. The FDA uses
equal to or less than 0.5 ppb (parts per billion) dietary concentration as the level at which
a substance is not considered a food additive. (See 21 CFR170.39).
Manufacturers relying on third party manufacturing sources, particularly those in
developing countries, should be especially vigilant regarding coatings and should conduct
independent testing and periodic retesting of applied coatings, including nonstick
coatings, to ensure product quality.
For glazed ceramic surfaces on non-metal cookware and for enamelware finishes on
metal cookware only, the manufacture should ascertain by testing that the release of lead
and/or cadmium are within FDA and state acceptable limits. Details of some of these tests
are listed below
Some of the more important rules, as well as the test procedures, are as follows:
7.5.1.4a LEACHABILITY OF LEAD AND CADMIUM FOR GLAZED CERAMIC
SURFACES
FDA has established maximum levels for leachable lead in ceramicware, and
pieces that exceed these levels are subject to recall or other agency enforcement
action. The Division of Compliance Programs of the Food and Drug
Administration interprets the regulations for food additives, which covers the
leachability of lead and cadmium for glazed ceramic surfaces, by use of the
Standard Method of Test, ASTM-C738-72 . Limits of lead range from 0.5 ppm for
mugs to 3 ppm for plates and flatware. See 21 CFR 109.16 for further guidance
regarding cadmium and lead in ceramics.
7.5.1.4b SPECIFICATION FOR PERMISSIBLE LIMITS OF METAL RELEASE
FROM GLAZED CERAMIC WARE
This specification has been adopted by the British Standards Institution and is
known as the British Hot Test. This is basically the same type of procedure
outlined in Exhibit D.1 except that it is done with hot acetic acid solutions rather
than cold solutions. See Exhibit D page 80
7.5.1.4c CONSUMER PRODUCT SAFETY ACT REGULATIONS - LEADCONTAINING
PAINT
This rule covers allowable limits of lead-containing paint of .06% by weight. The
intent of this regulation is to control those products that may have coated surfaces
with a lead content that could be injurious to children if same were ingested.
While this rule is not fully applicable to metal cookware, the industry, to the best
of our knowledge, generally does not apply any finish to the food contact surface
of metal cookware or bakeware that would exceed allowable limits. The
regulation is contained in 16 CFR-1303.
Exhibit C: ASTM Standard Method of Test for Lead and Cadmium
Extracted From Glazed Ceramic Surfaces. See page
Exhibit C ASTM Standard Method of Test for Lead and Cadmium
Extracted From Glazed Ceramic Surfaces. See page
Exhibit D British Standard Specification for Permissible limits of
metal release from glazed ceramic ware. See page
7.8 POLYETHYLENE BAG MARKING
Polyethylene bags are typically used in packaging of cookware and bakeware in order to
prevent cosmetic damage during shipment or while on retail display. Manufacturers
should consult with polyethylene bag fabricators to make certain such bags comply with
applicable regulations for warning markings in force at the time of the cookware or
bakeware’s manufacture.
7.9 ENCAPSULATED AND BRAZED BOTTOM TESTING
Manufacturers are urged to test encapsulated and brazed bottoms by the use of a dry boil
test. Place the pan, empty, on an appropriately sized electric burner. For pans greater
than 9 inches in diameter, choose an electric resistance burner that approximates the size
of a large standard U.S. range top burner. For pans less than 9 inches in diameter,
choose a standard small U.S. range top burner. The electric burner is set to high and the
pan is allowed to remain on the eye for ten minutes or five minutes for pans of a 1-1/2
quart capacity or smaller. Upon removal from the burner there should be no separation of
the base from the body of the pan and no molten metal escaping from the body/base
juncture.
1 FDA regulations governing indirect food additives can be found in 21 CFR Subchapter B; Those for
resinous and polymeric coatings in 21 CFR 175.300; those for Perfluorocarbon resins in 21 CFR 177.1550;
those for Colorants in Polymers in 21 CFR 178.3297. Additional sections of 21 CFR that may be applicable
include, but are not limited to, Polyarylsulfone resins, 177.1560; Polyetherimide resins, 177.1595;
Polysulfone resins, 177.1655; Polyethersulfone resins, 177.2440; Polyamide-imide resins, 177.2450;
Polyphenylene sufide resins, 177.2490. Title 21 may be purchased at any U.S. Government Printing Office
store. It is also available online at www.nara.gov/fedreg.
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