Template:LIMS Selection Guide for Manufacturing Quality Control/Standards and regulations affecting manufacturing labs/Regulations and laws around the world

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2.2 Regulations and laws around the world

As the end of Chapter 1 highlighted, today's regulatory focus on product safety, quality, and efficacy is largely built on the past failures, injuries, and deaths that highlighted the regulatory need.[1][2][3][4] For example, the consumption of raw milk was associated with a growing number of health issues in the mid- to late 1800s, particularly milk from unscrupulous dairy farms. In the U.S. Northeast during the 1860s, recognition was growing concerning the threat that tainted milk originating from dairy cows being singularly fed distillery byproducts had to human health. Not only was the milk generated from such cows thin and low in nutrients, but it also was adulterated with questionable substances to give it a better appearance. This resulted in many children and adults falling ill or dying from consuming the product. The efforts of Dr. Henry Coit and others in the late 1800s to develop a certification program for milk—which included laboratory testing among other activities—eventually helped plant the seeds for a national food and beverage safety program.[5] By 1939, the U.S. Public Health Services had drafted the Model Milk Health Ordinance "in order to encourage a greater uniformity of milk-control practice in the United States."[6]

While regulation can at times be overbearing and harmful, well-crafted regulations can definitely benefit our society. This can be seen with manufacturing regulations driven on safety, quality, and efficacy principles. How those regulations are implemented around the world may differ slightly, however, which should not be surprising given the cultural, political, and functional differences across regions and nations of the world.[7]

The following subsections examine some of the more critical regulations that apply to a wide variety of manufacturing industries, from various parts of the world.

2.2.1 Food and beverage

Food-safety-modernization-act-fsma.png

The safety and quality of food is a high priority for most countries around the world, though how that safety and quality is regulated and legislated varies, sometimes significantly. The following subsections briefly address the primary regulations and legislation enacted in seven major countries and supranational unions around the world. (It is beyond the scope of this guide to address them all.) Similarities among the countries may be seen in their goals, but it should be noted that differences—significant and nuanced—exist among them all in regards to regulatory approaches to sampling, testing, risk, and importing of products.[7][8][9][10]

2.2.1.1 Food Safety Act 1990 and Food Standards Act 1999 - United Kingdom

The Food Safety Act of 1990 and Food Standards Act of 1999 represent the core of food safety regulation in the United Kingdom, though there are other pieces of legislation that also have an impact.[11][12] The Food Safety Act of 1990 encourages entities to "not include anything in food, remove anything from food, or treat food in any way which means it would be damaging to the health of people eating it"; serve or sell food that is of a quality that "consumers would expect"; and ensure food is labeled, advertised, and presented clearly and truthfully.[11][12] The Food Standards Act of 1999 later created the UK's Food Standards Agency (FSA) "to protect public health from risks which may arise in connection with the consumption of food (including risks caused by the way in which it is produced or supplied) and otherwise to protect the interests of consumers in relation to food."[13] One of the ways the FSA does this is through enforcing food safety regulation at the local level, including within food production facilities, as well as setting ingredient and nutrition labeling policy.[14] Regulations and guidance from the FSA address not only labelling but also radioactivity monitoring, meat processing, manure management, Salmonella testing, temperature control, dairy hygiene, and more.[15]

2.2.1.2 Food Safety and Standards Act of 2006 - India

This act was enacted in 2006 to both consolidate existing food-related law and to establish the Food Safety and Standards Authority of India (FSSAI), which develops regulations and standards of practice for the manufacture, storage, distribution, and packaging of food.[16][17] However, an audit of FSSAI by the Comptroller and Auditor General of India (CAG) in December 2017 revealed some deficiencies in the FSSAI's activities, including an overall "low quality" of food testing laboratories in the country.[16] Nonetheless, the FSSAI remains the primary regulatory watchdog, developing standards and guidelines for food and enforcing those standards. This includes setting limits for food additives, contaminants, pesticides, drugs, heavy metals, and more, as well as defining quality control mechanisms, accreditation requirements, sampling and analytical techniques, and more.[17]

2.2.1.3 Food Safety Law - China

The Food Safety Law is described as "the fundamental law regulating food safety in China."[18] Enacted in 2009 and revised in 2015, the Law "builds up the basic legal framework for food safety supervision and management" and "introduces many new regulatory requirements," including "not only general requirements applicable to food and food additives, but also specific requirements for food-related products and other product categories."[18] Among these activities, the Law describes how food testing laboratories shall conduct their activities, from accreditation and sampling to testing and reporting.[19]

2.2.1.4 Food Sanitation Act and Food Safety Basic Act - Japan

The Food Sanitation Act of 1947 and the Food Safety Basic Act of 2003 represent the most important pieces of food-related legislation in Japan, though there are others. The Food Sanitation Act was originally enacted "to prevent sanitation hazards resulting from eating and drinking by enforcing regulations and other measures necessary from the viewpoint of public health, to ensure food safety and thereby to protect citizens' health."[20] The Food Safety Basic Act recognized the effects of "internationalization" and changing dietary habits, as well as scientific and technological shifts in food production, as a primary driver for modernizing food safety and sustainability in the country, and it also created the Food Safety Commission of Japan.[21] Between the two pieces of legislation, standards and specifications for food and food additives, as well as associated tools and packaging, are addressed, as are inspection standards, production standards, hygiene management, and individual food and ingredient safety.[22]

2.2.1.5 Food Safety Modernization Act (FSMA) and other acts - United States

The Food Safety Modernization Act of the United States was signed into law in January 2011, giving the US Food and Drug Administration (FDA) more regulatory authority to address the way food is grown, harvested, and processed.[23][24] It has been described by the FDA as "the most sweeping reform of our food safety laws in more than 70 years."[24] The FSMA, at its base, has five key aspects, addressing preventive controls, inspection and compliance, safety of food imports, mandatory recall response, and food partnership enhancement.[24] However, FSMA continues to evolve, with additional rules getting added since its enactment, including rules about record management, good manufacturing practice (GMP) for human food and animal feed, and laboratory accreditation (referred to as the LAAF Rule).[25]

Another important regulatory body in the US is the Food Safety and Inspection Service (FSIS), which is overseen by the US Department of Agriculture (USDA). The FSIS and its authority to regulate are derived from three different acts: the Federal Meat Inspection Act of 1906, the Poultry Products Inspection Act of 1957, and the Egg Products Inspection Act of 1970.[26] The FSIS has developed its own regulatory requirements for meat, poultry, and egg products, including for inspections, imports and exports, labeling, and laboratory testing.[27][28][29]

2.2.1.6 General Food Law Regulation (GFLR) - European Union The GFLR was enacted across the European Union in 2002 as part of Regulation (EC) No 178/2002, and it is described as "the foundation of food and feed law" for the EU.[30] Along with setting requirements and procedures for food and feed safety, the GFLR also mandated the creation of the European Food Safety Authority (EFSA), an independent body assigned to developing sound scientific advice about and providing support towards the goals of food, beverage, and feed safety in the EU.[23][30] As such, the EFSA develops broad and sector-specific guidance[31], as well as other rules related to scientific assessment of food safety matters, e.g., Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs.[32] The EFSA also develops food classification standardization tools such as the Standard Sample Description (SSD2) data model, to better ensure an appropriate "format for describing food and feed samples and analytical results that is used by EFSA’s data providers."[33]

2.2.1.7 Safe Food for Canadians Act (SFCA) - Canada

In November 2012, the SFCA was enacted to place regulatory "focus on prevention to ensure a food that is imported, exported or shipped from one province to another, is manufactured, stored, packaged and labelled in a way that does not present a risk of contamination."[34][35] Though Canadian Food Inspection Agency (CFIA) enforcement of the SFCA's regulations didn't start until January 2019[34], the consolidation of 14 sets of existing food regulations by the SFCA has managed to improve consistency, reduce administrative burden, and enable food business innovation.[36] An interpretive guide published by the CFIA, Understanding the Safe Food for Canadians Regulations: A handbook for food businesses, summarizes and explains some of the nuances of the SFCA and its 16 parts on matters such as trade, licensing, preventive controls, packaging and labeling, and traceability.[36]

2.2.2 Materials

Assessing prototype reference material for testing emissions of VOCs (5940985174).jpg

Like materials standards, there are too many materials regulations to list for the given scope of this guide. However, several different examples are given below of materials-related regulations found in various parts of the world.

2.2.2.1 21 CFR Part 175 and 176 - United States

These two regulations from the U.S. Code of Federal Regulations system relate specifically to the materials used to package food. (While the food and beverage industry is the recipient and end user of such materials, the materials researcher and manufacturer is responsible, in part, for developing and producing materials that meet such regulations.) Part 175 dictates what substances can be used as components of adhesives and coatings in food packaging materials[37], and Part 176 addresses what substances can be used as components of paper and paperboard in food packaging materials.[38]

2.2.2.2 Building Standard Law - Japan

Japan's Building Standard Law, broadly speaking, states a minimum set of standards that must be followed concerning the construction of buildings in the country, in order to protect the health and property of those using those buildings. Given the country's infrastructure is affected by snow accumulation, earthquakes, and tsunamis, a modern approach to building regulation was required in 1950. One section of the law addresses the quality of materials used in building construction, particularly in important sections of the home such as the foundation, load-bearing walls, columns, and more. The regulation mandates that such materials must conform to the Japanese Industrial Standard or Japanese Agriculture Standard, or that they be specifically approved by the Minister. This means manufacturers of structural steel, high-strength bolts, concrete, wood-based composite panels, membrane materials, and more are largely beholden to those standards throughout the manufacturing process.[39]

2.2.2.3 The Furniture and Furnishings (Fire) (Safety) Regulations 1988 - United Kingdom

In 1988, the U.K. made into law The Furniture and Furnishings (Fire) (Safety) Regulations, which "were introduced to help reduce the risks of injury or loss of life through fires in the home spread by upholstered furniture."[40] The regulations set out general testing requirements for foam fillings, non-foam fillings, composite fillings, and cover materials, requiring that they pass various material and combustion requirements.[41] Various updates have been made to the regulations over time. In 2019, the government, noting "growing evidence linking the specific flame-retardant chemicals most often used in furniture to serious long-term health impacts," acknowledged that updates to regulations on the materials used in furniture making were required, which would in turn further dictate manufacturing processes.

2.2.2.4 National Environment Protection (Used Packaging Materials) Measure 2011 - Australia

In September 2011, Australia's National Environment Protection Council made law the National Environment Protection (Used Packaging Materials) Measure 2011. Signatories of the Covenant agreed to "a voluntary system of industry self regulation" to better ensure "improved environmental outcomes" in regards to packaging material use and re-use.[42] However, a 2021 review found that the regulation was lacking in several areas, including with monitoring and enforcement. A December 2022 response by the government agreed, noting, "[l]ack of compliance monitoring and enforcement activity has undermined the effectiveness of, and confidence in, the mandatory co-regulatory arrangement and enabled some businesses to avoid their obligations." Updates to the regulations are expected by 2025, "to ensure that all packaging available in Australia is designed to be recovered, reused, recycled and reprocessed safely in line with circular economy principles. Reforming the regulation of packaging in Australia presents a significant opportunity to improve the way our packaging is designed ..."[43] As this language suggests, such regulatory changes, should they come, will further dictate the materials designed and used in manufacturing processes in the country.

2.2.2.5 Surface Coating Materials Regulations (SOR/2016-193) - Canada

Enacted in 2016, these regulations—enabled by Canada's Consumer Product Safety Act—dictate the amount of lead and mercury allowed in surface coating materials, stickers, and films under certain circumstances. The testing for those heavy metals must be done by manufacturers (or their third-party labs) "in accordance with a method that conforms to good laboratory practices."[44]

2.2.3 Pharmaceutical and medical devices

Generic Drug Research (5896) (8493711422).jpg

As was similarly noted in the section about pharmaceutical and medical device standards, regulations in this industry are vital for ensuring the safety of consumers and the efficacy of the drugs and devices they use, and they are typically present as some of the most rigorous regulations for the broad world of manufacturing. That said, as serious as pharmaceutical regulation can be, governments can often be slow to act with their regulatory duties[45] or have complex governance structures and difficult-to-enforce rules.[46][47] As these regulatory bodies and their regulations improve, manufacturers of pharmaceuticals and medical devices find themselves needing to be even more efficient in their activities and focused on good manufacturing practices.

The following represent examples of pharmaceutical and medical device regulation around the world. Note that the discussion of GMP and cGMP is discussed further in the next section.

2.2.3.1 Current Good Manufacturing Practice (cGMP) regulations - United States and other countries

For more on this, see the next section on other industries and regulations.

2.2.3.2 Drugs and Cosmetics Act of 1940 - India

This act represents the primary regulatory control over the manufacture of pharmaceuticals and cosmetics in India. The act "creates a web of regulatory authorities to govern the process at both the central and the state levels."[46] Like other pharmaceutical regulations in other countries, the act attempts to ensure that drugs, cosmetics, medical devices, and diagnostic devices sold in India are safe, standardized to a certain quality, and effective at what they are said to do. Public health activists, lawyers, and specialized agencies such as the WHO, however, have criticized India's regulatory efforts in recent years for not keeping up with the rapidly growing industry while exhibiting poor transparency, unnecessary complexity, and insufficient statutory backing (as seen with the Central Drugs Standard Control Organisation or CDSCO).[46][47] The country has been attempting to reform the regulatory system by, for example, updating the Indian Pharmacopoeia and the Drugs and Cosmetics Act with more modern, relevant information and improved labeling mechanisms for tracking and tracing drugs.[48]

2.2.3.3 Food and Drugs Act - Canada

Canada's Food and Drugs Act enables its Food and Drug Regulations, which, among other things, helps to "ensure the pharmaceutical drugs offered for sale in Canada are safe, effective and of high quality."[49] Part C of the regulations addresses drugs in a broad sense, with Division 2 of that part regulating manufacturing controls, quality testing, and records management.[50] These regulations are overseen and updated by Health Canada "through a combination of scientific review, monitoring, compliance, and enforcement activities."[45]

2.2.3.4 Pharmaceutical Affairs Act (PAA) and Medical Devices Act (MDA) - South Korea

Overseen by the Ministry of Food and Drug Safety (MFDS), these acts help ensure safer and effective pharmaceuticals and medical devices to the people of South Korea. The country's PAA classifies pharmaceuticals as either pharmaceutical ingredients or drug products, which in turn are broken down into new drugs, pharmaceuticals requiring specific data submissions, and generic drugs.[51] The PAA's goal is described as being "to prescribe matters necessary to deal with pharmaceutical affairs smoothly, thereby contributing to the improvement of the national public health."[52] The MDA's goal is "to promote the efficient management of medical devices and further contribute to the improvement of public health by providing for matters concerning the manufacturing, import, distribution, etc. of medical devices."[53] Along with managing the regulations from these acts, the MFDS is also responsible for setting the manufacturing standards and specifications for pharmaceuticals, monitoring certain pre- and post-manufacturing procedures, enforcing good manufacturing practice, reinforcing safety controls, and more.[51]

2.2.3.5 Pharmaceutical and Medical Device Act (PMD Act) - Japan

The PMD Act represents one of the primary pieces of pharmaceutical and medical device regulation in Japan. The PMD Act replaced Japan's Pharmaceutical Affairs Law in November 2014, with the primary goal of using regulation to improve public health by assuring the quality, safety, and efficacy of pharmaceuticals, medical devices, and cosmetics, as well as preventing the expansion of activities harmful to those efforts. Under the PMD Act, manufacturers are expected to demonstrate how their products conform to Japan's regulations and how their operations are guided by a well-defined QMS.[54][55] The act has multiple chapters addressing the manufacturing of drugs, "quasi-drugs," cosmetics, cellular and tissue-based products, medical devices, and in vitro diagnostic devices, as well as separate chapters on the safety of and standards applicable to drugs.[54] In regards to manufacturers of medical devices, they should turn to several sets of standards published by Japan's Ministry of Health, Labour and Welfare (MHLW)—MO No. 169 – Standards for Manufacturing Control and Quality Control for Medical Devices and In Vitro Diagnostic Reagents and MO No. 135 – Standards for Good Vigilance Practice (GVP)—in order to better comply with the PMD Act.[55]

2.3.4 Other industries and regulations

Like standards, manufacturing regulations exist beyond industries like the food and beverage, materials, and pharmaceutical industries. From electronics and automotive parts to cosmetics and chemicals, governments around the world place restrictions on and recommendations for testing a variety of manufactured goods. What follows are a few examples of regulations on other industries from various parts of the world.

2.3.4.1 Good manufacturing practice (GMP) and current good manufacturing practice (cGMP) - United States and other countries

As a broad concept, good manufacturing practice or GMP is an organized set of standards and guidelines that allow manufacturers of most any product to better ensure their products are consistently produced and packaged to a consistent level of quality. GMP tends to cover most every step of production, from planning recipes and choosing starting materials to training personnel and documenting processes.[56] The concept of GMP is often spoken of in terms of pharmaceutical and medical device manufacturing[51][56][57], though it is applicable to most any other production industry.[58][59]

Closely related is the term "current good manufacturing practice" or cGMP. Both "GMP" and "cGMP" are largely interchangeable, though the latter is preferred in most regulatory language of the United States. A more nuanced take says that cGMP essentially represents the newest, most updated technologies implemented towards the goals of meeting GMP requirements.[60][61]

In the United States, cGMP—in the context of pharmaceuticals—is enshrined in numerous sections of Title 21 of the Code of Federal Regulations, including "in parts 1-99, 200-299, 300-499, 600-799, and 800-1299."[62] The FDA describes these regulations as containing "minimum requirements for the methods, facilities, and controls used in manufacturing, processing, and packing of a drug product."[62] It also states safety, efficacy, and labeling requirements for manufactured drugs. These regulations require careful attention by manufacturers, lest they face seizure of their products, legal injunction, and criminal cases.[63]

In the context of food, cGMP principles were first introduced in the U.S. in 1969 as 21 CFR Part 110, though the concept of cGMP was modernized in 2015, in 21 CFR Part 117. This led to not only broad food- and beverage-based cGMPs but also cGMPs specific to a type of ingestible, including dietary supplements, infant formula, low-acid canned food, and bottled water.[64]

GMP and cGMP contexts also exist for other manufacturing industries outside of pharmaceuticals and food, including automotive parts, medical devices, clothing, and more.[65] Additionally, these concepts are not limited to the U.S. For example, the World Health Organization has its own GMP/cGMP guidelines for pharmaceuticals and biological medicines, with more than 100 countries reportedly incorporating those guidelines into their national medicine regulations.[66]

2.3.4.2 Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) Regulation - European Union

For the E.U.'s chemical manufacturers and the other manufacturing industries depending on those chemicals, REACH represents one of the most expansive and complicated pieces of regulation in the E.U. Affecting potentially more than 140,000 substances, manufacturers of those substances are now largely responsible for identifying hazards, identifying mitigation methods for those hazards, and managing associated risks. Of particular note are "substances of very high concern" (SVHCs) and how they are authorized and restricted. This regulations means manufacturers must pay closer attention to what substances get put into their products and report on SVHCs making up more than 0.1 percent (by weight) of the product. These regulations may also mean the manufacturer may need to redesign their products with new substances.[67]

2.3.4.3 Resolução de diretoria colegiada - RDC nº 529 - Brazil

This Brazilian resolution, effective August 2021, revised the country's List of Prohibited Substances in Personal Hygiene, Cosmetics and Perfume Products to include additional substances. While it's not clear what original legislation houses that list, this list makes clear that manufacturers of personal hygiene, cosmetic, and perfume products have to be mindful of the ingredients they use in their manufacturing processes.[68]

2.3.4.4 Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive - European Union

The E.U. uses the RoHS Directive as a means towards restricting the use of specific hazardous materials in the manufacture of electrical and electronic equipment (EEE), namely "lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE), bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP)."[69] By extension, the E.U. is encouraging safer alternatives for the manufacturing of EEE and fewer hazardous substances making their way into ecosystems from waste streams.

2.3.4.5 Road Vehicle Standards (RVS) legislation - Australia

Coming into effect in July 2021 as a replacement to the Motor Vehicle Standards Act 1989, the RVS legislation brought regulation of road vehicle manufacturing into the twenty-first century, with updates to recalls, model reports, testing, and component type approvals. These regulations are backed by the Australian Design Rules (ADRs), which are national standards for vehicle safety.[70][71] Approved testing facilities are required to test that vehicles and their components are in compliance with ADRs and other relevant standards.[72]

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