Inspecting at any factory in India since 2017.EUDR applies from 30 Dec 2026: what it means for Indian wood furniture →

USA · Food contact

FDA food contact rules for tableware and kitchenware made in India

The US FDA treats any substance that can migrate from tableware or kitchenware into food as a potential food additive. Each component must be authorized: listed in 21 CFR 174–178, GRAS, prior-sanctioned, exempt under the threshold of regulation, or covered by an effective food contact notification. FDA does not certify finished products, and leachable lead makes ware adulterated.

Law
Federal Food, Drug, and Cosmetic Act, section 409
Regulations
21 CFR Parts 170–189
Indirect additives
21 CFR 174–178 (coatings, paper, polymers, adjuvants)
Ceramic lead and cadmium
FDA CPG Sec. 545.450 and 545.400
Decorative ceramics
21 CFR 109.16 “Not for food use” marking

Key takeaways

  • FDA does not approve or certify finished tableware. Compliance rests on every food contact component being authorized for its use, and on the ware not leaching unsafe substances.
  • Coatings, lacquers, resins and plastics must match a listing in 21 CFR 174–178, a GRAS or prior sanction, a threshold of regulation exemption, or a food contact notification held by the supplier.
  • Ceramic ware is judged against FDA action levels for leachable lead and cadmium. Decorative ware that looks usable for food must carry the 21 CFR 109.16 marking.
  • No FDA regulation authorizes lead as a cookware component. FDA warned in 2025 against certain imported aluminum, brass and alloy cookware, much of it made in India.
  • An inspection can check materials, markings, labels and supplier documents; leach and migration results come only from an accredited lab.

How FDA regulates food contact materials

Under the Federal Food, Drug, and Cosmetic Act, a substance that can reasonably be expected to migrate into food from a plate, bowl, pan or coating is regulated like a food additive unless it is exempt. FDA calls these food contact substances: substances used in materials for making, packing, transporting or holding food, with no technical effect in the food (section 409(h)(6)). The rules sit in 21 CFR Parts 170 to 189.

Route to lawful useWhere it is foundWhat it means for an importer
Indirect food additive regulation21 CFR 174 (general), 175 (adhesives and coatings), 176 (paper), 177 (polymers), 178 (adjuvants and production aids)The substance must meet the listed specifications, limits and conditions of use.
Generally recognized as safe (GRAS)21 CFR 182, 184, 186, or a GRAS noticeCovers the specific use described, not any use.
Prior sanction21 CFR 181Uses approved by FDA or USDA letter before 1958.
Threshold of regulation exemption21 CFR 170.39Granted by FDA for uses with very low dietary exposure.
Food contact notification (FCN)Section 409(h); FDA inventory of effective FCNsEffective only for the notifier's substance and the stated use, so the material must come from that manufacturer.
Source: FDA, Determining the Regulatory Status of Components of a Food Contact Material, reviewed 13 Oct 2026.

FDA places responsibility on the manufacturer of each food contact substance. Suppliers may give customers a guaranty under section 303(c)(2) of the Act. There is no FDA certificate, registration or mark for finished tableware, so any “FDA approved” claim on a plate or pan should be treated with care.

What applies to tableware and kitchenware from India

MaterialMain FDA referenceTypical risk to check
Glazed ceramics and stoneware (Khurja, Jaipur blue pottery)CPG Sec. 545.450 (lead), CPG Sec. 545.400 (cadmium), 21 CFR 109.16Lead and cadmium leaching from glazes and decorations; missing “Not for food use” marking on decorative pieces
Aluminum, brass and alloy cookware (Hindalium, Indalium)Adulteration provisions of the Act; FDA warning, August 2025Lead leaching from the metal or alloy
Wood bowls, boards and serversCoatings: 21 CFR 175.300 (resinous and polymeric coatings); wood preservatives: 21 CFR 178.3800Lacquers, oils, stains or preservatives with no authorization for food contact
Coated metal, enamel-look and nonstick finishes21 CFR 175.300; 21 CFR 177.1550 (perfluorocarbon resins)Coating not covered for the food type or temperature
Melamine and other plastic parts21 CFR 177 (for example 177.1460, melamine-formaldehyde molded articles)Unlisted resins, fillers or colorants

Metal cookware. In August 2025 FDA warned retailers and consumers not to sell or use certain imported aluminum, brass and alloy cookware, including pots, kadai and handi-style vessels, after tests under food-contact conditions showed it could leach lead. Many of the listed products named manufacturers in India. FDA states that no regulation authorizes lead as a component of cookware. The list was last updated in December 2025.

Lacquered and painted ware. Decorative lacquer, paint or resin on the food surface of a bowl or tray must be authorized for food contact. If it is not, the item should be sold and labeled as decorative only, with no food-contact surface finish.

Lead and cadmium in ceramics

FDA judges glazed ceramics against action levels for leachable lead (CPG Sec. 545.450) and cadmium (CPG Sec. 545.400), measured on six units with a 4% acetic acid leach. For lead, the levels range from 3.0 µg/mL for flatware (average of six) down to 0.5 µg/mL for cups, mugs and pitchers (any one unit). Ware above the level is treated as adulterated and can be detained at import. Full tables and the test method are on our page on lead and cadmium in ceramics.

Decorative ceramics that look usable for food are presumed to be for food unless they carry both a conspicuous stick-on label and a permanent statement molded or fired onto the base, such as “Not for Food Use. May Poison Food”, or have a hole bored through the food surface (21 CFR 109.16). FDA also advises that ceramics with any extractable lead should not be labeled “lead free”.

California Proposition 65 overlap

Goods sold in California also fall under Proposition 65. Lead and cadmium are on the Prop 65 list, so tableware or cookware that exposes users to them above the safe harbor levels needs a clear and reasonable warning. For ceramic tableware, the levels used in practice come from court-approved settlements rather than from an OEHHA regulation, and they are separate from FDA's action levels. Many US retailers write a Prop 65 leach limit into their purchase terms; confirm the exact figures with your buyer before you test.

What inspection can check, and what needs a lab

An inspector at the factory can checkNeeds lab testing
Materials, glazes, coatings and finishes match the approved sample and bill of materialsLeachable lead and cadmium from ceramics (ASTM C738 or AOAC 973.32, as cited by FDA)
Supplier statements or guaranties for coatings, resins and lacquers, and that the named supplier is the one actually usedLead leaching from metal cookware under food-contact conditions
Decorative pieces carry the 21 CFR 109.16 label and the permanent base marking, or a bored holeMigration tests on coatings, plastics and melamine
Labels and cartons carry the buyer's Prop 65 warning where requiredComposition checks, such as lead content of brass or solder
Chipped glazes, crazing, exposed base metal or damaged coatings on sampled units

Visual checks cannot show whether a glaze or alloy leaches lead. They can show whether the goods are what was tested, which is what makes a lab report meaningful.

How Clear To Load checks this in India

On a home décor and handicrafts inspection in India, the inspector compares glazes, finishes and materials with the approved sample, photographs base markings and labels, and checks the supplier documents you list in the checklist. Where you need leach or migration results, we pull and seal samples for an ISO/IEC 17025-accredited lab of your choice through lab testing coordination (US$99 per order) and check the report against the goods.

Reports arrive within 24 hours of the inspection with a verdict of Cleared to load, Hold or Not cleared. An inspection does not make goods FDA compliant; it checks that the goods match the evidence. To add these checks, book an inspection.

Sources

  1. 21 CFR Chapter I, Subchapter B, Parts 170–189 (eCFR)
  2. FDA: Determining the Regulatory Status of Components of a Food Contact Material
  3. FDA: Regulatory Background of the Food Contact Substance Notification Program
  4. FDA CPG Sec. 545.450, Pottery (Ceramics); Import and Domestic – Lead Contamination
  5. 21 CFR 109.16, Ornamental and decorative ceramicware (eCFR)
  6. FDA: Warning about imported cookware that may leach lead (August 2025, updated Dec 2025)

Frequently asked questions

Does FDA approve or certify tableware?

No. FDA does not issue certificates for finished tableware or kitchenware. Each food contact substance must be authorized for its use, and the finished ware must not leach unsafe substances. Suppliers can give a guaranty under section 303(c)(2) of the Act, but there is no FDA approval mark.

What is the difference between an FCN and a 21 CFR listing?

A 21 CFR listing, such as 21 CFR 175.300 for coatings, can be used by any manufacturer that meets its conditions. An effective food contact notification covers only the notifier's own substance and the stated use, so the material must be bought from that manufacturer.

Is a lacquered wooden bowl allowed for food?

Only if the lacquer or finish on the food surface is authorized for food contact, for example under 21 CFR 175.300 for resinous and polymeric coatings, and is used within its conditions. Otherwise sell and label it as decorative. Ask the finish supplier for a written statement naming the regulation.

Why did FDA warn about Indian cookware in 2025?

In August 2025 FDA warned against certain imported aluminum, brass and alloy cookware, sometimes called Hindalium or Indalium, after tests showed it could leach lead into food. Many listed products named manufacturers in India. FDA states that no regulation authorizes lead as a cookware component.

Can a visual inspection confirm a glaze is lead-safe?

No. Lead leaching can only be measured by a lab leach test. An inspection confirms that the goods shipped match the units that were tested, checks markings and labels, and picks and seals samples so the lab tests the real production.

Know before it ships

Tell us the product, the factory's city and your ready date. We confirm the inspector, the notice time and the price before you book.

Book an inspection