Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and record retention are documented.

Are digital signatures required for enforceability?

No. Cryptographic digital signatures provide stronger non-repudiation, but a standard electronic signature with a robust audit trail can be legally valid under ESIGN/UETA.

When is notarization or witness required?

Most commercial packaging agreements do not require notarization; however, state-specific requirements may apply for certain attestations. For documents requiring notarization, follow state notary rules or RON procedures where permitted.

Who should sign on behalf of each party?

An authorized officer or contract manager with corporate authority should sign. Verify signing authority internally and document title to avoid disputes over enforceability.

How do I amend the agreement later?

Use a written amendment signed by all parties. Specify effective date for the amendment and whether prior obligations or batches are grandfathered or re-tested.

How long must I keep signed agreements?

Retain active agreements for the contract term and post-termination according to regulatory needs: at least 3 years for tax documents (IRC §6501(a)), 6 years for HIPAA-related records (45 CFR §164.530(j)), and longer where state law or product liability concerns require it.

Electronic Signature
Templates
Miscellaneous
Food Contact Packaging Agreement

Food Contact Packaging Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

FOOD CONTACT PACKAGING AGREEMENT

This Food Contact Packaging Agreement (the Agreement) is made and entered into as of by and between:

Supplier Legal Name Supplier Address Buyer Legal Name Buyer Address

WHEREAS

WHEREAS, Supplier is engaged in the manufacture and supply of packaging materials intended for direct or indirect contact with food products, and represents that it possesses the technical capacity, facilities, and quality systems to produce packaging conforming to the specifications set forth herein; and

WHEREAS, Buyer desires to purchase and use such packaging for its food products under the terms and conditions of this Agreement and requires assurances that packaging materials are suitable, safe for intended food contact use, and traceable; and

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows.

1. Scope of Work

Supplier shall manufacture and supply packaging materials in accordance with the product description, material specifications, and quality requirements provided by Buyer and accepted by Supplier. The specific goods, quantities, tolerances, and labeling requirements for each order shall be as set forth in purchase orders issued by Buyer and accepted by Supplier pursuant to this Agreement.

Scope Details

2. Specifications, Compliance and Warranty

Supplier warrants that all packaging supplied under this Agreement: (a) shall be manufactured in accordance with the material specifications and tolerances agreed in writing; (b) shall be suitable and safe for the intended food contact use; (c) shall comply with all applicable laws and regulations governing food contact materials; and (d) shall be free from defects in material and workmanship for the warranty period set forth below.

Product Description / Materials

Supplier shall maintain and provide upon request certificates of analysis and manufacturing lot traceability documentation demonstrating conformity to agreed specifications. Such documentation shall accompany the first shipment of each new lot and be made available for review upon reasonable request.

3. Quality Assurance, Inspection and Testing

Supplier shall conduct quality control testing in accordance with the agreed test plan. Buyer reserves the right to inspect Supplier's facilities and audited test records upon reasonable notice. Pre-shipment samples and third-party testing may be required when reasonably requested by Buyer; Supplier shall reasonably cooperate and provide samples at Supplier's expense unless otherwise agreed.

Pre-shipment Sample Required Check if Buyer requires pre-shipment samples

4. Payment Terms

Buyer shall pay Supplier the fees specified in accepted purchase orders. Payment shall be made in United States Dollars or as otherwise agreed in writing, under the following terms:

Total Contract Amount Payment Schedule / Terms Late Payment Fee

5. Delivery, Acceptance and Title

Delivery terms, lead times and transfer of title shall be as set forth in purchase orders. Title and risk of loss shall pass in accordance with the agreed delivery term. Buyer shall inspect shipments within a commercially reasonable period and may reject nonconforming goods. Rejected goods shall be returned or disposed of in accordance with the parties' agreed procedures at Supplier's expense if nonconformity is Supplier's responsibility.

Delivery Terms / Lead Time

6. Term and Termination

This Agreement shall commence on and continue until unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party, provided the breaching party fails to cure such breach within days after written notice. Either party may terminate for insolvency or if continued performance would be unlawful.

7. Confidentiality

Each party shall keep confidential and shall not disclose to any third party any confidential information of the other party disclosed in connection with this Agreement, except as necessary for performance or as required by law. Confidential information includes technical specifications, formulations, pricing, testing results, and customer information. Confidentiality obligations shall survive termination for a period of three (3) years, or longer if required for trade secret protection.

8. Recalls, Notifications and Indemnity

Supplier shall promptly notify Buyer if Supplier becomes aware of any defect, contamination, or other condition that may render the packaging unsafe for food contact or necessitate a product hold or recall. Supplier shall cooperate fully with Buyer in any investigation and recall activities. Supplier agrees to indemnify, defend and hold Buyer harmless from and against any third-party claims, damages, costs, or liabilities arising from Supplier's breach of warranty, negligence, or failure to manufacture materials in accordance with applicable standards for food contact.

9. Limitation of Liability

EXCEPT FOR LIABILITY ARISING FROM WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY BUYER TO SUPPLIER UNDER THE APPLICABLE PURCHASE ORDER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10. Change Control and Non-Conforming Goods

Supplier shall not make any changes to materials, processes, or specifications that affect the food contact suitability of the packaging without providing Buyer with prior written notice and receiving Buyer's prior written consent. Supplier shall promptly notify Buyer of any non-conforming goods and provide a corrective action plan acceptable to Buyer.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of laws principles.

12. Entire Agreement

This Agreement, together with all purchase orders and written attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. No amendment, modification, or waiver shall be effective unless in writing and signed by authorized representatives of both parties.

13. Miscellaneous Provisions

Notices under this Agreement shall be delivered to the addresses set forth above or as updated in writing by either party. Any waiver of a right or remedy must be in writing. If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.

Buyer Contact for Notices Supplier Contact for Notices

Supplier Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What a Food Contact Packaging Agreement Is and When It Applies

A Food Contact Packaging Agreement is a written contract between a packaging supplier and a food manufacturer, distributor, or retailer that sets specifications, compliance responsibilities, testing and certification requirements, and liability limits for materials that will contact food. The agreement typically covers material composition, migration limits, good manufacturing practices, labeling, traceability, change-notice obligations, warranties, indemnities, and dispute resolution. It defines who is responsible for regulatory compliance with FDA food-contact materials guidance, state safety laws, and industry standards, and it records acceptance criteria for finished packaging and corrective action processes.

Why this Agreement Matters for Food Safety and Liability

A clear Food Contact Packaging Agreement allocates regulatory responsibility, reduces supplier disputes, and documents safety testing and acceptance criteria. It helps manage recall risk, supports regulatory inspections, and clarifies financial and operational remedies if packaging fails to meet food-contact standards.

Core Clauses to Include in a Professional Agreement

A comprehensive Food Contact Packaging Agreement balances technical specifications with legal protections and operational processes to ensure safe materials and reliable supply.

Scope

Defines covered products, types of contact (direct/indirect), excluded items, and contract term to avoid ambiguity during procurement and production.

Material Specifications

Lists permitted substrates, additives, coatings, ink chemistries, and migration limits tied to recognized standards or test methods to ensure regulatory compliance.

Testing and Certification

Specifies who performs migration, compositional, and extractables testing, accepted labs or accreditation, frequency, and documentation to validate suitability.

Change Management

Requires prior written notice and approval for formulation, process, or supplier changes that could affect food contact safety or regulatory status.

Warranties and Indemnities

States supplier warranties regarding fitness for food contact and indemnification for costs arising from noncompliance, including recall expenses and legal costs.

Traceability and Recall Support

Describes lot-level traceability, record access, and supplier obligations to assist recalls, including timelines for production data and hold procedures.

Essential Information to Capture in the Agreement

Parties: Full legal names

Effective Date: MM/DD/YYYY

Product ID: SKU or specification ID

Material Specs: Composition limits

Testing Protocol: Accepted methods

Liability Caps: Financial limits

Step-by-Step: How to Complete the Agreement

Follow these sequential steps to prepare, review, sign, and retain a Food Contact Packaging Agreement efficiently.

01

Draft: Assemble specs, tests, and responsibilities for negotiation.
02

Legal Review: Have counsel review warranties, indemnities, and limitation clauses.
03

Operational Sign-Off: Obtain QA/production approval of materials and test plans.
04

Execution: Secure signatures from authorized signers and record retention.

How to Configure an Online Signing Workflow

Configure a digital workflow that enforces order, fields, and authentication to reduce errors and preserve a defensible audit trail.

Field	Configuration
Signer Sequence	Set fixed order: supplier → manufacturer → QA
Required Fields	Make specs, test approvals, and signatures mandatory
Authentication	Use email plus SMS code or stronger methods
Notifications	Enable reminders and completion receipts

Where to Send and How the Document Flows

A clear routing plan reduces cycle time and helps preserve audit information during the signing process.

Prepare: Upload the final agreement and attach testing documents.
Assign: Place signature and data fields for each party in order.
Authenticate: Require signer verification (email, SMS, or higher).
Archive: Store final PDF and audit trail in secure records.

Technical Considerations for eSigning and Records

Ensure the platform can export signed PDFs and retain metadata (timestamps, IP addresses, certificate of completion) for compliance and audits.

Authentication: Email, SMS, or KBA
Document Formats: PDF, DOCX supported
Integrations: ERP and cloud storage

Common Preparation Mistakes to Avoid

Leaving testing methods unspecified, which creates disputes when results diverge between labs and can delay acceptance.
Using vague product descriptions or generic SKUs, increasing the chance of receiving nonconforming materials and supply interruptions.
Failing to require prior notice for supplier changes, allowing formulation shifts that could introduce noncompliant substances.
Neglecting to tie warranties to specific test outcomes, making indemnity and remedy enforcement more difficult in recalls.

Consequences of an Incorrect or Incomplete Agreement

Regulatory Risk: FDA enforcement

Recall Costs: Supplier or buyer exposure

Contract Liability: Indemnity claims

Production Downtime: Lost revenue

Reputational Harm: Brand damage

Legal Fees: Defense and settlement costs

Key Timing and Response Expectations

Establish explicit deadlines in the agreement for testing, change notices, corrective actions, and record requests to avoid procedural disputes.

Testing Turnaround:

Specify days for lab results, typically 7–21 calendar days

Change Notice Period:

Require prior notice, commonly 30–90 days

Corrective Action Response:

Set supplier remediation within 10–30 days

Record Production:

Require production of documents within 14–30 days

W-9 and Tax Forms:

W-9 provided upon payer request; reportable payments follow IRS deadlines

eSignature Vendor Pricing and Key Capability Comparison

Common eSignature choices differ on starting price, bulk-send, audit trail, HIPAA support, and envelope or usage caps; signNow is listed first for reference.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Use Cases for the Agreement

Examples show how the agreement resolves supplier issues and supports recall readiness in real operations.

Packaging Supplier to Food Manufacturer

A manufacturer required certification for migration testing

Supplier provided third-party lab reports
The agreement required corrective action and indemnity, enabling rapid containment and cost allocation after a nonconformance was discovered.

Retail Chain Supplier Contract

A retailer mandated traceability and lot coding

Supplier integrated lot-level data into shipping labels
The contractual traceability clause enabled targeted product holds and limited shelf removals during a quality investigation.

Who Typically Completes or Signs This Agreement

Coordinate these stakeholders early to ensure the agreement aligns technical, legal, and operational requirements before execution.

Procurement and supply chain managers who negotiate commercial and delivery terms.
Quality assurance and regulatory affairs teams who specify testing and compliance obligations.
Authorized executives or contract managers who have legal authority to bind the company.

Frequently Asked Questions About Food Contact Packaging Agreements

Answers to common legal, operational, and e-signature questions to help avoid execution and compliance issues.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and record retention are documented.
Are digital signatures required for enforceability?
No. Cryptographic digital signatures provide stronger non-repudiation, but a standard electronic signature with a robust audit trail can be legally valid under ESIGN/UETA.
When is notarization or witness required?
Most commercial packaging agreements do not require notarization; however, state-specific requirements may apply for certain attestations. For documents requiring notarization, follow state notary rules or RON procedures where permitted.
Who should sign on behalf of each party?
An authorized officer or contract manager with corporate authority should sign. Verify signing authority internally and document title to avoid disputes over enforceability.
How do I amend the agreement later?
Use a written amendment signed by all parties. Specify effective date for the amendment and whether prior obligations or batches are grandfathered or re-tested.
How long must I keep signed agreements?
Retain active agreements for the contract term and post-termination according to regulatory needs: at least 3 years for tax documents (IRC §6501(a)), 6 years for HIPAA-related records (45 CFR §164.530(j)), and longer where state law or product liability concerns require it.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now