Maximum levels for certain contaminants in food

 

SUMMARY OF:

Regulation (EU) 2023/915 on maximum levels for certain contaminants in food

WHAT IS THE AIM OF THE REGULATION?

It lays down the maximum levels for certain contaminants in food to protect the health of European Union (EU) citizens, including the most at-risk population groups, such as children and pregnant women.

KEY POINTS

Scope

The regulation covers:

• mycotoxins (aflatoxins, ochratoxin A, patulin, deoxynivalenol, zearalenone, fumonisins, citrinin, ergot sclerotia and ergot alkaloids);
• metals (lead, cadmium, mercury, inorganic tin and arsenic);
• plant toxins (erucic acid, tropane alkaloids, hydrocyanic acid, pyrrolizidine alkaloids, opium alkaloids and Δ9-THC);
• processing contaminants (polycyclic aromatic hydrocarbons (PAHs), benzo(a)pyrene, sum of 4 PAHs; 3-monochloropropane-1,2-diol (3-MCPD)and glycidyl fatty acid esters);
• halogenated persistent organic pollutants (dioxins, dioxin-like polychlorinated biphenyls (PCBs), non-dioxin-like PCBs; the perfluoroalkyl substances: perfluorooctane sulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA) and perfluorohexane sulfonic acid (PFHxS));
• other contaminants:
  • melamine,
  • nitrates,
  • perchlorate.

Maximum levels

Food with levels of contaminants higher than those specified in Annex I to the regulation may not be sold. These maximum levels cover the edible part of food and also apply to compound, processed, dried or diluted foods, taking into account the appropriate processing factors.

The regulation also lays down the lowest maximum levels for contaminants that are reasonably achievable with good manufacturing practice or good agricultural practice (i.e. ‘as low as reasonably achievable’).

Ban on mixing

Foods complying with the maximum limits may not be mixed with other foods that exceed these limits.

Foods that must be sorted or subjected to other physical treatments to reduce the level of contamination may not be mixed with foods intended for direct human consumption or use as an ingredient in food.

Labelling

Labelling on each individual package and in the original accompanying document of groundnuts, other oilseeds and derived products thereof and cereals must clearly show their intended use. The consignment/batch identification code must be indelibly marked on each individual package of the consignment and in the original accompanying document. The business activity of the consignee of the consignment given in the accompanying document must be compatible with the intended use.

Where there is no clear information that their intended use is not to be placed on the market as food, the maximum levels set out in Annex I apply to all groundnuts (peanuts), other oilseeds and derived products thereof and cereals placed on the market.

The exception of groundnuts (peanuts) and other oilseeds for crushing from the application of the maximum levels set out in Annex I only applies to consignments that:

• are clearly labelled, showing their intended use;
• bear the statement ‘Product to be subject to crushing for the production of refined vegetable oil’ on the label of each individual package and in the original accompanying document; and
• have a crushing plant as their final destination.

Exceptions

Under certain circumstances, certain EU Member States may exceed the levels of dioxins and/or DL-PCBs (dioxine-like PCBs) and/or NDL-PCBs (non-dioxine-like PCBs) set out in Annex I for certain fish and fish products originating from the Baltic region and intended for consumption in their territory. Consumers have to be informed of the potential risks to consumer health.

Other exceptions were granted to certain Member States as regards the maximum levels of PAHs in traditionally smoked meat and smoked meat products and traditionally smoked fish and smoked fishery products.

Monitoring and reporting

Member States and interested parties must:

• inform the European Commission by 1 July 2023 of the results of investigations undertaken and their progress with regard to the application of prevention measures to avoid contamination by ergot sclerotia and ergot alkaloids in rye and rye milling products and ergot alkaloids in milling products of barley, wheat, spelt and oat grains;
• report every year to the European Food Safety Authority (EFSA), set up under Regulation (EC) No 178/2002 (see summary), the occurrence data on ergot sclerotia and ergot alkaloids in rye and rye milling products and on ergot alkaloids in milling products of barley, wheat, spelt and oat grains.

Member States must communicate to the Commission, when requested, the investigations undertaken and the relevant sources identified, following Commission Recommendations for the monitoring of the presence of contaminants in food and their progress with regard to the application of prevention measures to avoid contamination.

Member States must report to EFSA the occurrence data that they have collected on all other contaminants than ergot sclerotia and ergot alkaloids (see above). Food business operators and other interested parties may submit such occurrence data to EFSA. All occurrence data must be supplied in line with EFSA’s reporting requirements.

Repeal

The regulation repeals Regulation (EC) No 1881/2006 from 24 May 2023.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 25 May 2023.

BACKGROUND

For further information, see:

• Contaminants (European Commission)
• Chemical contaminants in food and feed (EFSA).

MAIN DOCUMENT

Commission Regulation (EU) 2023/915 of 25 April 2023 on maximum levels for certain contaminants in food and repealing Regulation (EC) No 1881/2006 (OJ L 119, 5.5.2023, pp. 103–157).

Successive amendments to Regulation (EU) 2023/915 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, pp. 1–24).

See consolidated version.

last update 01.12.2023