Food safety – safe food contact materials

SUMMARY OF:

Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food

WHAT IS THE AIM OF THE REGULATION?

• It lays down common rules for the placing on the market of food contact materials (FCMs), including food packaging, kitchenware, tableware and food-processing equipment, that are intended or likely to come into contact with food, or transfer their constituents (substances they may contain) into food.
• It seeks to protect human health and consumers’ interests and ensure that the products used may be sold anywhere in the European Economic Area – an area comprising the European Union (EU) Member States, Iceland, Liechtenstein and Norway – in which there is free movement of persons, goods, services and capital.

KEY POINTS

• FCMs must be manufactured in compliance with good manufacturing practice so that, under normal or foreseeable conditions of use, they do not transfer their constituents to food in quantities that could:
  • endanger human health;
  • bring about an unacceptable change in the composition of the food; or
  • bring about a deterioration in the flavour or texture of the food.
• The legislation includes 17 groups of materials and articles for which specific measures may be adopted.
• These specific measures may include a list of authorised substances permitted to be used at EU level in the manufacture of FCMs and restrictions, such as specific limits on migration (transfer of constituents).
• The regulation also sets out the process for an application for the use of a new substance where such a list exists, such as for plastic FCMs. A dossier must be submitted to the relevant national authority, which then forwards it to the European Food Safety Authority.
• FCMs not already in contact with food when sold to consumers, such as kitchenware and tableware, must be identified as ‘for food contact’ or accompanied by the wine and fork symbol set out in Annex II to the regulation, if the intended use of the article as an FCM is not clear. Other information to ensure the safe use of the FCM article must also be provided where relevant.
• Traceability measures must be in place to make it possible to recall any defective products or provide the public with specific information.
• The rules do not apply to:
  • antique materials and articles;
  • coatings covering, for example cheese rinds, prepared meat products or fruit, which form part of the food or may be eaten with it.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 3 December 2004, except fort he traceability measures, which have applied from 27 October 2006.

BACKGROUND

For further information, see

• Food safety – Food contact materials (European Commission).

MAIN DOCUMENT

Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, pp. 4–17).

Successive amendments to Regulation (EC) No 1935/2004 have been incorporated in the basic text. This consolidated version is of documentary value only.

last update 07.01.2022