EU Amends Proposal for BPA in Food Contact Materials and Articles

Sharing tools Share on LinkedIn Share on Facebook Share on Twitter Send by email Print this page SAFEGUARDS | Consumer Products NO. 146/17 The EU proposes to amend its draft legislation on BPA in food contact plastics and food contact varnishes or coatings. If approved, the new effective date could be in late 2018. On September 6, 2017, the World...

SAFEGUARDS | Consumer Products NO. 146/17

SafeGuardS Positive customers with children buying food in hypermarket

The EU proposes to amend its draft legislation on BPA in food contact plastics and food contact varnishes or coatings. If approved, the new effective date could be in late 2018.

On September 6, 2017, the World Trade Organization (WTO) circulated a notification announcing a proposal from the European Union (EU) to amend its draft legislation [1], notified in document number 16-1443 of March 14, 2016 [2], on bisphenol A (BPA) in ‘food contact plastics’ and ‘food contact varnished or coated materials and articles’. This latest amendment, attached to WTO document number 17-4734 [3], contains a number of important changes, including:

  • Strengthening the migration limit for BPA from 0.6 mg/kg to 0.05 mg/kg under Regulation (EU) 10/2011, the so-called ‘Food Contact Plastics Regulation’
  • Expanding the proposed migration limit of 0.05 mg/kg for BPA to food contact varnished or coated materials and articles
  • Requiring a declaration of conformity (DoC) for food contact varnished or coated materials and articles
  • Prohibiting BPA migration in food contact plastics and food contact varnished or coated materials and articles intended for infants and young children for food categories falling under Regulation (EU) 609/2013] [4]. These categories of food are:

            1) Food for special medical purposes
            2) Infant formula and follow-on formula
            3) Processed cereal-based food and baby food
            4) Total diet replacement for weight control 

The prohibition of BPA in polycarbonate infant feeding bottles remains unchanged.

According to the latest proposal, food contact plastics and food contact varnished or coated materials and articles which were (lawfully) placed on the market before the effective date (see Table 1) may remain on the market until stocks are exhausted.

If approved, the new law could become effective in late 2018.

Highlights of the latest proposal are summarized in the Table below.

Citation
Scope

Requiremen for BPA migration
Effective
date
Regulation (EU) 10/2011 Food contact plastics
≤ 0.6 mg/kg
January 2013
Draft regulation
(WTO document No. 17-4734)
Food contact plastics
≤ 0.05 mg/kg
6 Months after the date of
entry into force (Potentially late 2018)
Food contact varnished or coated materials and articles
≤ 0.05 mg/kg
Food contact plastics and food contact varnished or
coated materials and articles for food intended for
infants and young children defined in Regulation (EU) 609/2013

Prohibited

The EU may also amend one and include four authorized substances in the Union List falling under the Food Contact Plastics Regulation. According to WTO document number 17-4641 [5], the proposed date of adoption and publication is December 2017.

SGS technical experts have extensive knowledge and testing experience in materials and articles in contact with food. They work to ensure that your products meet the appropriate regulations for food contact materials and pave the way for compliance. From overall migration test to expert advices on emerging regulations and compliance issues and documentation review, SGS is the partner to trust. Please do not hesitate to contact us for further information or visit our website.

NEXT STEP:

Stakeholders are advised to comply with the latest requirements for food contact materials and articles for the EU market.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

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