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The European Comitology Register has published a draft regulation to amend and correct Regulation (EU) 10/2011 on food contact plastics. This comprehensive proposal contains, inter alia, important changes to Annexes I, II, IV, and V to the Regulation.

The new law will enter into force on the twentieth day after its publication in the Official Journal of the EU. Food contact plastics complying with the old regulation before the entry into force of the new regulation, and which were first placed on the market within six months after the date of entry into force, may continue to be placed on the market for two years and remain there until stocks are exhausted.

The highlights of the draft regulation are summarized as follows:

  • Changes of specific migration
    • The draft provides specific migration limits (SMLs) for 24 substances including lanthanide elements and updated requirements for primary aromatic amine. The SML for each primary aromatic amine (PAA) listed in entry 43 of Annex XVII in (EC) No 1907/2006 (REACH) with no SML in (EU) No 10/2011 shall be ≤ 0.002 mg/kg, while the sum of PAAs not listed in entry 43 of Annex XVII in REACH regulation with no SML in (EU) No 10/2011 shall be ≤ 0.01 mg/kg
  • Provisions on migration tests and plastic materials or articles for repeated use
    • Defining new rules for the migration of plastic materials or components in food processing equipment or appliances, where migration tests may be carried out by determining the specific migration into the food or food simulant produced or processed by the final equipment or appliance or the part as appropriate in accordance with the worst foreseeable conditions
    • The migration test(s) for repeated use food contact materials and articles are obliged to be carried out three times on a single sample using a fresh portion of simulant on each occasion
    • The result of specific migration for each occasion must not be higher than the value in the preceding migration test. Although compliance for migration is based on the third test, compliance cannot be established if the result of migration increases from the first migration test to third migration test even if the SML is not exceeded in any of the three tests
  • The update of overall migration conditions
    • New Test Number OM0 (40°C, 30 min) for any food contact at cold or room temperatures with no more than 30 minutes
    • The words ‘or at reflux’ added to the testing conditions in OM4


As the global leader in testing, certification and inspection services, SGS provides a one-stop solution to evaluate and test food contact materials and additives to help ensure that your products comply with all requirements for the European Union and its member states.


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