Maximum levels for certain contaminants in food

SUMMARY OF:

Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs

WHAT IS THE AIM OF THE REGULATION?

It lays down the maximum limits for certain food contaminants to protect the health of European Union (EU) citizens, including the most sensitive population groups, such as children, older people and pregnant women.

KEY POINTS

Scope

The regulation covers:

mycotoxins (aflatoxins, ochratoxin A, Fusarium toxins, patulin and citrinin, ergot alkaloids)
metals (lead, cadmium, mercury, inorganic tin and arsenic)
3-monochloropropane-1,2-diol (3-MCPD) and its fatty acid esters and glycidyl fatty acid esters
dioxins and polychlorinated biphenyls (PCBs)
polycyclic aromatic hydrocarbons (PAHs)
melamine
erucic acid, hydrocyanic acid, tropane alkaloids, pyrrolizidine alkaloids
nitrates
perchlorate.

Limits

Food with levels of contaminants higher than those specified in the annex to the regulation may not be sold. These limits cover the edible part of food and also apply to compound, processed, dried or diluted foods.

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 groundnuts, other oilseeds, nuts, dried fruit, rice and maize sold as foods which have to be subjected to sorting or other physical treatment before human consumption must include the wording ‘Product shall be subjected to sorting or other physical treatment to reduce aflatoxin contamination before human consumption or use as an ingredient in foodstuffs’.
Labelling on pre-packaged groundnuts, other oilseeds, products derived from oilseeds and cereals must indicate the use and lot identification code in accordance with Directive 2011/91/EU on the traceability of pre-packaged foods (see summary).

Exceptions

Certain EU Member States may exceed the levels of dioxins and PCBs for certain fish and fish products originating from the Baltic region and intended for consumption in their territory. Consumers have to be informed on 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.

Testing

Member States must test the levels of contaminants in foods. Their results must be sent to the European Food Safety Authority set up under Regulation (EC) No 178/2002 (see summary).

Amendments to Regulation (EC) No 1881/2006

The regulation has been amended more than 30 times. Many of these amendments relate to the regulation’s annex, which lists the maximum levels for certain contaminants in foodstuffs.

FROM WHEN DOES THIS REGULATION APPLY?

It has applied since 1 March 2007.

BACKGROUND

For further information, see:

Contaminants (European Commission)
Chemical contaminants (European Food Safety Authority).

MAIN DOCUMENT

Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, pp. 5–24).

Successive amendments to Regulation (EC) No 1881/2006 have been incorporated into the original text. This consolidated version is of documentary value only.