Key takeaways
- Food-contact safety comes first: in the US, packaging materials fall under FDA regulations in 21 CFR, and buyers ask suppliers for a compliance letter.
- Ten US states ban intentionally added PFAS in food packaging, and several states and many cities ban expanded polystyrene foam food containers.
- Canada's Single-use Plastics Prohibition Regulations remain in force after the Federal Court of Appeal upheld the underlying toxic listing on January 30, 2026.
- Direct Eco Green, a factory-direct manufacturer of eco-friendly packaging, provides regulatory documentation support per item, including the factory's PFAS declaration and FSC C204557 labels for paper and board.
The 2026 checklist at a glance
Use this table as a one-page audit of your packaging. Each row is a separate obligation; a container can pass one and fail another.
| Area | Rule | Applies to | What to do |
|---|---|---|---|
| Food-contact safety | FDA regulations (21 CFR, e.g. Parts 174–186); Health Canada's voluntary Letter of No Objection program | All packaging touching food | Keep a compliance letter per item |
| PFAS | State bans on intentionally added PFAS | Paper, board, molded fiber | Keep a PFAS declaration per item |
| Foam containers | State and city bans on expanded polystyrene | Clamshells, cups, trays | Check each location's state and city |
| Canada single-use plastics | SOR/2022-138 | Bags, cutlery, straws, stir sticks, ring carriers, foodservice ware | Remove banned items from Canadian locations |
| Environmental claims | FTC Green Guides; California SB 343 and AB 1201 | Printed claims and symbols | Print only claims you can document |
| Kitchen hygiene | FDA Food Code as adopted locally | Staff handling food | Gloves, hair restraints, no bare-hand contact |
Food-contact safety: what to ask your supplier
Every container, cup, wrap and utensil that touches food must be suitable for food contact. In the US, food-contact materials are governed by FDA regulations under 21 CFR (for example Parts 174 to 186) and by the Food Contact Notification program, and restaurant buyers typically ask suppliers for a compliance letter stating which regulations an item meets.
In Canada, Health Canada runs a Letter of No Objection program for packaging materials; it is voluntary, so a missing letter does not by itself mean an item is non-compliant, but asking for it is good practice. For each item, the compliance letter should match your real use: hot or cold food, fat content, microwave reheating and holding time.
PFAS bans: confirm every grease-resistant item
Direct Eco Green recommends confirming every grease-resistant item on your list, because New York, California, Washington, Vermont, Colorado, Connecticut, Maryland, Minnesota, Rhode Island and Hawaii ban intentionally added PFAS in food packaging, and Maine has provisions scheduled later. The items to check are those that resist grease on a fiber base: pizza boxes, fry boxes, wraps, molded-fiber bowls and plates.
A multi-state chain is usually best served by a single PFAS-free specification for all locations. State dates, FDA's 2024 announcement and Canada's proposed approach are detailed in our guide to PFAS in food packaging.
Foam bans and Canada's single-use plastics rules
Several US states and many cities ban expanded polystyrene foam food containers, so check the rules in each state and city where you operate before reordering foam clamshells or cups.
In Canada, the Single-use Plastics Prohibition Regulations (SOR/2022-138) ban six categories of items made from or containing problematic plastics:
- checkout bags;
- cutlery;
- foodservice ware made from expanded or extruded polystyrene foam, PVC, oxo-degradable plastic, or black plastic made with carbon black;
- ring carriers;
- stir sticks;
- straws (flexible straws remain allowed in limited circumstances).
Manufacture and import have been prohibited since December 20, 2022, and sale since December 20, 2023, with ring carriers on a separate schedule (June 2023 and June 2024). The planned export ban was dropped. On January 30, 2026, the Federal Court of Appeal overturned the 2023 Federal Court decision and upheld the toxic listing of plastic manufactured items, so the rules stay in force.
The cutlery definition includes a durability test: plastic cutlery that cannot withstand repeated dishwashing is treated as single-use. Check that definition before buying any plastic utensil for Canada. Fiber, wood, bamboo and bagasse items are outside the ban, such as wooden cutlery, bamboo, reed and rice straws and bagasse containers.
Labels and claims on your packaging
Anything printed on your packaging is a marketing claim you are responsible for. Under the FTC Green Guides, "recyclable" and "compostable" must be substantiated and qualified when facilities are not available to a substantial majority of customers, and unqualified "biodegradable" claims are hard to support.
California is stricter: from October 4, 2026, SB 343 limits the chasing-arrows symbol and "recyclable" claims to materials meeting statewide criteria, and AB 1201 requires ASTM D6400 or D6868 testing for items labeled "compostable". Our guide to recyclable vs compostable claims explains what to print. If you are switching to compostables for events, see compostable packaging for caterers and events.
Kitchen hygiene: gloves, hair restraints and the FDA Food Code
The FDA Food Code, adopted by states and localities, sets three packaging-adjacent rules for kitchens. Section 2-402.11 requires hair restraints for food employees; section 3-301.11 prohibits bare-hand contact with ready-to-eat food; and section 3-304.15 governs the use of single-use gloves.
Check the version your state or county has adopted, then stock the matching items: hair nets, beard covers and powder-free nitrile gloves, alongside the food-contact documents for each item.
Building your compliance file with Direct Eco Green
Direct Eco Green, a factory-direct manufacturer of eco-friendly packaging, helps restaurant groups assemble a compliance file item by item, with regulatory documentation support from its partner factories in Asia and Europe. A complete file for each packaging item contains:
- a food-contact compliance letter covering your real use;
- a PFAS declaration naming the grease barrier (molded fiber, PLA film, PE film or aqueous coating);
- a compostability certificate (ASTM D6400 or D6868, or CAN/BNQ 0017-088) if the item is sold as compostable;
- FSC Mix or FSC Recycled documentation for paper and board, under license code C204557;
- the approved print proof showing every claim and symbol.
Send your list of items and locations; Direct Eco Green returns a tailored quote within 48 hours, with samples before production. Start from our fast food packaging range or contact us.
Frequently asked questions
What food packaging rules apply to restaurants in the US?
US restaurants must use packaging suitable for food contact under FDA regulations, comply with state PFAS bans in food packaging where they operate, respect state and city bans on foam containers, and follow the FTC Green Guides and state labeling laws for any environmental claims. Kitchen staff follow the FDA Food Code as adopted by their state or locality.
Is Canada's single-use plastics ban still in force in 2026?
Yes. On January 30, 2026, the Federal Court of Appeal overturned the 2023 Federal Court decision and upheld the toxic listing of plastic manufactured items, so the Single-use Plastics Prohibition Regulations remain in force. Sale of banned checkout bags, cutlery, foodservice ware, stir sticks and straws has been prohibited since December 20, 2023.
Can a restaurant in Canada use plastic cutlery?
A restaurant in Canada can use plastic cutlery only if it falls outside the regulatory definition of single-use plastic cutlery, which includes a durability test: items that cannot withstand repeated dishwashing count as single-use and are banned. Wooden, bamboo and bagasse cutlery are outside the ban.
Which documents should a restaurant keep for its food packaging?
A restaurant should keep, for each packaging item, a food-contact compliance letter, a PFAS declaration naming the grease barrier, a compostability certificate if the item is sold as compostable, and the approved print proof showing every claim. Paper and board items may also come with FSC documentation.
Does the FDA Food Code require gloves in restaurants?
The FDA Food Code prohibits bare-hand contact with ready-to-eat food (section 3-301.11) and sets rules for single-use gloves (section 3-304.15), along with hair restraints (section 2-402.11). States and localities adopt the Food Code, so check the version that applies to your kitchen.
