Switzerland Revises Ordinance on Food Contact Materials and Articles

SafeGuardSHardgoodsJanuary 17, 2024

SG 09/24

Switzerland has amended the nation’s law on food contact materials and articles. These will become effective on February 1, 2024.

In December 2023, Switzerland issued Official Collection 2023 836 (German, French and Italian versions) to revise the Ordinance on Materials and Articles Intended to Come into Contact with Foodstuffs (Materials and Articles Ordinance, 817.023.21, in German, French and Italian).

The amendment aims to harmonize the nation’s law on food contact materials (FCM) and articles with those in the European Union. It:

Mainly incorporates provisions from Regulation (EU) 2020/1245, amending Regulation (EU)10/2011, on food contact plastics (SafeGuardS 134/20)
Revises the permitted lists of substances in the Annexes by taking account of scientific and technical knowledge
Adopts Directive 84/500/EEC for materials and articles made of ceramic, glass, enamel or other similar materials
Deletes listed substances that were not previously evaluated for the manufacture of packaging inks (Part B to Annex 10). Non-listed substances can now be used for the manufacture of packaging inks, subject to no more than 0.01 mg/kg migration in food or food simulant and are not carcinogenic, mutagenic or toxic to reproduction (CMR substances)
Requires packaging inks to establish a declaration of conformity (DoC)
Repositions requirements for FCM and articles for drinking water to the Federal Department of Home Affairs Ordinance on Drinking Water and Water from Publicly Accessible Bathing and Showering Facilities (RS 817.022.11)

Highlights of several provisions in the latest amendment are summarized in Table 1.

Federal Department of Home Affairs Ordinance on Materials and Articles Intended to Come into Contact with Foodstuffs (Materials and Articles Ordinance)
Amendment of December 8, 2023

Section	Highlights of Amendment
Section 6: Recycled plastics Article 20 ‘DoC and documentation’	Clarifies that the recycling process must either be authorized by the Federal Office for Food Safety and Veterinary Affairs (BLV) or in accordance with Regulation (EU) 2022/1616 (SafeGuardS 114/22)
Section 8: Ceramics, glass, enamels or other similar materials Article 26	New language emphasizing ceramics that are not yet in contact with food must be accompanied by a DoC at all stages of marketing, including those at retail, according to (new) Annex 8a
Section 12: Packaging inks Article 35 ‘Permitted substances’	Requires packaging inks to be manufactured from the lists of substances and their specifications under Annexes 2 and 10, the salts under Article 35b, or Unless the use of substances has a specific detection limit and are not classified as CMR substances, a detection limit of 0.01 mg/kg applies to all other substances (Article 35c)
Section 12, Article 35a ‘DoC’	Establishes DoC requirements for packaging inks
Annex 2: List of substances permitted for the manufacture of plastic materials and articles and other requirements	Revises list and specifications in Edition 3
Annex 4: Rules relating to the assessment of conformity of plastics’ Table 4 ‘Standard testing conditions for overall migration’	Adds test number OM0 (30 mins, 40ºC) for applications at cold or ambient temperatures for no more than 30 mins
Annex 4 §2.3.2 'Replacement test for OM 7 with food simulant D2’	Clarifies that if it is technically impossible to perform one or more of the tests OM0 to OM6 with simulant D2, the migration tests are carried out using 95% ethanol and isooctane
Annex 4, §2.3.3.2 ‘Reusable materials and articles’	Clarifies that overall migration (OM) is determined according with the provisions in Article 34 to Regulation (EC) 2017/625
Annex 4, Table 7 ‘Contact temperature selection’	Adds worst predictable contact temperature for applications T > 200ºC (specific migration)
Annex 4, 2.4.2.1.6 ‘Repeated use articles’	Replaces section with new language: The migration test(s) for repeated use food contact materials and articles are obliged to be conducted three times on a single sample using a fresh portion of simulant on each occasion. The specific migration value for each occasion must not be higher than the value in the preceding migration test. Verification of compliance is based on the level of migration found in the third test and on the basis of stability from the first to the third migration test. The stability of the material will be considered insufficient if the migration value is greater than the detection limit in any one of the three migration tests, and the value increases from the first to the third migration test. In the event of insufficient stability, compliance of the material will not be established even if the specific migration limit is not exceeded in any of the three tests No additional test is required if the level of migration decreases in the second and third tests and if the migration limits are not exceeded on the first test Regardless of the above rules, a material or article will not be considered to comply if a prohibited substance is found to migrate in detectable quantities in the first test
Annex 8 ‘Migration of lead and cadmium for materials and articles made of ceramic, glass, enamel and other similar materials.	Emphasizes that the analytical methods are based on Annexes I and II to Directive 84/500/EEC (consolidated version to 2005)
Annex 8a ‘DoC for ceramics’	New section detailing the information required for DoC
Annex 9 ‘List of substances permitted for the manufacture of silicone materials and articles and requirements’	Revises list and specifications to Edition 3
Annex 10 ‘List of substances permitted for the manufacture of packaging inks and requirements’	Revises list and specifications to Edition 3
Annex 15 ‘DoC for packaging inks’	New section detailing the information required for each stage of production

Table 1

The amendment will become effective on February 1, 2024.

Compliant FCM and articles that do not comply with Articles 35a (DoC), 35b (documentation) and Annex 15 (DoC) on packaging inks in the amendment before February 1, 2024, may be manufactured, imported, labeled and sold until January 31, 2026

FCM and articles that do not comply with other provisions in this amendment may be manufactured, imported and labeled according to the old law until January 31, 2025, and sold until stocks are exhausted

SGS technical experts have extensive knowledge and testing experience in materials and articles in contact with food. They work to ensure that your products meet the appropriate regulations for food contact materials, paving the way for compliance. From overall migration tests to expert advice on emerging regulations, compliance issues and documentation review, SGS is the partner to trust. Discover more on our website. In the end, it’s only trusted because it’s tested.

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