Plastic materials and objects in contact with foodstuffs

1) OBJECTIVE

To harmonize the legislation relating to plastics materials and articles intended to come into contact with foodstuffs.

2) ACT

Commission Directive 90/128/EEC of 23 February 1990 relating to plastics materials and articles intended to come into contact with foodstuffs [Official Journal L 75 of 21.03.1990].

Amended by the following acts:

Commission Directive 92/39/EEC of 14 May 1992 [Official Journal L 168 of 23.06.1992];

Commission Directive 93/9/EEC of 15 March 1993 [Official Journal L 090 of 14.04.1993];

Commission Directive 95/3/EEC of 14 February 1995 [Official Journal L 041 of 23.02.1995];

Commission Directive 96/3/EEC of 1 April 1996 [Official Journal L 61 of 12.03.1996];

Commission Directive 1999/91/EC of 23 November 1999 [Official Journal L 310 of 04.12.1999];

Commission Directive 2001/62/EC of 9 August 2001 [Official Journal L 221 of 17.08.2001];

Commission Directive 2002/17/EC of 21 February 2002 [Official Journal L 058 of 28.02.2002];

Repealed by Commission Directive 2002/72/EC of 6 August 2002 [Official Journal L 220 of 15 August 2002] (consolidation).

3) SUMMARY

The following text contains a consolidation of existing Directives relating to plastics materials and articles intended to come into contact with foodstuffs.

Directive 90/128/EEC is a specific Directive under framework Directive 89/109/EEC.

Plastics materials and articles can transfer constituents to foodstuffs in quantities which could endanger human health.

To prevent that risk the Directive stipulates that the migration limit for constituents of plastics materials and articles shall be 10 milligrams per square decimetre of surface area of the material or article. In certain circumstances this limit is set at 60 milligrams of the constituents released per kilogram of foodstuff.

Verification of compliance with the migration limits shall be carried out in accordance with the rules laid down in Directives 82/711/EEC, as amended by Directive 93/8/EEC, and 85/572/EEC and the further provisions set out in the annexes to Directive 90/128/EEC.

The Directives specify which substances may, in principle, be used for the manufacture of plastics materials and articles intended to come into contact with foodstuffs (Community list) and the conditions in which they may be used. However, these lists are not yet complete in the case of additives, insofar as they do not contain all of the substances that have now been accepted by at least one Member State. National legislation will continue to regulate these substances until they are included in the Community list.

At the marketing stages other than the retail stages, the plastics materials and articles which are intended to be placed in contact with foodstuffs must be accompanied by a written declaration certifying that they comply with the provisions of Directive 89/109/EEC; this requirement does not apply to plastics materials and articles which by their nature are clearly intended to come into contact with foodstuffs.

Last updated: 07.11.2002