FSSAI requires all food-contact packaging to be made from food-grade materials that do not migrate harmful substances into food. PE-coated paper cups technically comply if the PE layer is food-grade, but there is no FSSAI-mandated testing for microplastic shedding specifically.
This regulatory gap is important to understand because it means compliance with current FSSAI rules does not guarantee that your paper cups are safe from a microplastic perspective. Here is what Indian food businesses need to know about the current regulatory landscape and where it is heading.
The FSSAI Framework for Food-Contact Packaging
FSSAI (Food Safety and Standards Authority of India) regulates food packaging under the Food Safety and Standards (Packaging) Regulations, 2018. The key requirements are:
Food-grade material certification: All materials in direct contact with food must be "food grade" — meaning they must not transfer harmful substances to food above permitted limits. For paper cups, this applies to both the paper substrate and the coating.
Migration limits: The regulations set limits for overall migration (total substances transferring from packaging to food) and specific migration (individual chemicals like heavy metals, formaldehyde, etc.). These limits are based on BIS standards (IS 9845 for paper and paperboard).
Printing ink restrictions: Inks used on food packaging must not come into contact with food and must comply with specified composition standards.
What FSSAI does not test: Critically, the current FSSAI framework does not include mandatory testing for microplastic particle release. A PE-coated cup that meets food-grade PE specifications and passes migration limits for chemical substances is technically FSSAI compliant — even though research shows it releases 25,000+ microplastic particles into hot beverages. The regulations were written before microplastic shedding from food packaging was widely studied.
CPCB EPR: Extended Producer Responsibility
The Central Pollution Control Board (CPCB) administers India's Extended Producer Responsibility (EPR) framework under the Plastic Waste Management Rules, 2016 (amended 2022). EPR requires producers of plastic packaging to take responsibility for the collection and recycling of their packaging waste.
How this affects paper cups: PE-coated paper cups contain a plastic component (the PE lining). Under strict interpretation of the Plastic Waste Management Rules, manufacturers and brand owners using PE-coated cups have EPR obligations — they must ensure a specified percentage of plastic packaging is collected and recycled or disposed of responsibly.
Registration requirement: Companies generating plastic packaging waste above specified thresholds must register on the CPCB EPR portal and submit annual compliance reports. This includes companies that procure PE-coated cups for use in their operations.
The aqueous advantage: Aqueous-coated cups contain no plastic component. They are classified as paper products for waste management purposes. Companies using exclusively aqueous-coated packaging may have reduced or zero EPR obligations for that product category — a direct compliance cost saving that narrows the unit price gap between PE and aqueous cups.
PFAS Restrictions: The Coming Regulatory Wave
PFAS (per- and polyfluoroalkyl substances) — commonly called "forever chemicals" — have been used in food packaging as grease and moisture barriers. They are particularly common in food boxes, burger wrappers, and some paper cup coatings.
The EU has acted first: The European Union has proposed a near-total ban on PFAS in food-contact materials, expected to take effect by 2025–2026. Denmark has already banned PFAS in food packaging. The United States FDA has secured voluntary commitments from manufacturers to phase out certain PFAS from food packaging.
India's position: FSSAI has not yet enacted specific PFAS restrictions for food packaging. However, regulatory trends in India typically follow EU and FDA frameworks with a lag of 3–5 years. Companies that proactively eliminate PFAS from their packaging supply chain now will avoid the disruption of mandatory reformulation later.
Pratva's position: Our aqueous coating contains zero PFAS compounds. The barrier function is achieved through mineral and starch-based chemistry — no fluorinated compounds are used at any stage. This makes our products future-proof against anticipated PFAS regulations.
What "Food Grade" Actually Means — and What It Doesn't
The term "food grade" is widely used in the Indian packaging industry but often misunderstood. Food-grade certification for a PE coating means the polyethylene resin meets purity standards for food contact — it does not contain heavy metals, BPA, or other restricted substances above permitted limits.
What "food grade" does not mean:
- It does not mean the coating is free of microplastic shedding
- It does not mean the cup is recyclable
- It does not mean the cup has been tested by CPPRI or any independent laboratory for re-pulpability
- It does not mean the cup is safe for prolonged contact with hot liquids (most testing is done at lower temperatures than actual chai/coffee serving temperature)
When a supplier says their cups are "food grade," they are telling you the chemical composition of the raw material meets minimum standards. They are not telling you what happens when you pour 90°C chai into that cup and drink from it for 15 minutes.
Supply Chain Audit: Questions for Your Packaging Supplier
Based on the current and anticipated regulatory landscape, here are the questions every food business procurement manager should be asking their paper cup supplier:
1. What coating chemistry do you use? PE, PLA, or aqueous? Get the specific answer, not "eco-friendly" or "food grade."
2. Do you have CPPRI re-pulpability certification? For the specific product you are buying, not a general company certification.
3. Has your product been tested for microplastic shedding? At what temperature? For how long? By which laboratory?
4. Does your coating contain any PFAS compounds? Can you provide a declaration of PFAS-free status?
5. Are you registered on the CPCB EPR portal? If your cups contain plastic (PE or PLA), your EPR registration status affects your buyer's compliance obligations.
6. Can your cups be recycled at any standard paper mill? Without specialised equipment for plastic separation?
Where Regulations Are Heading
India's food packaging regulatory framework is evolving rapidly. The Bureau of Indian Standards is reviewing whether PLA should be labeled as plastic. FSSAI is examining microplastic migration from food-contact materials. State pollution control boards are tightening enforcement of EPR compliance. CPCB is considering stricter definitions of "recyclable" that would disadvantage PE and PLA coated products.
For food businesses making packaging procurement decisions today, the trajectory is clear: regulations will get stricter, not looser. Products that can demonstrate zero plastic content, zero microplastic shedding, and genuine recyclability will face the lowest compliance costs and the least disruption as rules evolve.
Using PE-lined cups in your business? Request a free Pratva sample pack — we send 3 cup sizes + kraft bag samples with a copy of our CPPRI certificate. No commitment.