Skip to Menu Skip to Search Contact Us Skip to Content

The EU proposes to further amend its draft legislation on BPA in ‘food contact plastics’ and ‘food contact varnishes or coatings’. If approved, the new provisions could become effective in late 2018.

SAFEGUARDS | Consumer Products NO. 158/17

SafeGuardS Sweet baby holding bottle and drinking water

On September 6, 2017, the World Trade Organization (WTO) circulated an amended proposal from the European Union (EU) to amend its draft legislation on bisphenol A (BPA) in ‘food contact plastics’ and ‘food contact varnished or coated materials and articles’. This proposed amendment [1], notified in WTO document number 17-4734 [2] of September 6, 2017 and notified in G/SPS/N/EU/159/Add.1, amends the draft regulation in WTO document number 16-1443 [3] of March 14, 2016. That draft regulation contained a number of important changes to Regulation (EC) 10/2011, the so-called ‘Food Contact Plastics Regulation’, including:

  • Strengthening the migration limit for BPA from 0.6 mg/kg to 0.05 mg/kg
  • Expanding the proposed migration limit of 0.05 mg/kg for BPA to food contact varnished or coated materials and articles

  • Requiring a declaration of conformity (DoC) for food contact varnished or coated materials and articles

  • Prohibiting BPA migration in food contact plastics and food contact varnished or coated materials and articles intended for infants and young children for food categories falling under Regulation (EU) 609/2013

On September 27, 2017, the WTO announced a second amendment to the EU’s draft legislation on bisphenol A (BPA) in ‘food contact plastics’ and ‘food contact varnished or coated materials and articles’. This latest amendment, attached to WTO document number 17-5152 [4] and notified in G/SPS/N/EU/159/Add.2, contains one important change to the first amended proposal (WTO document number 17-4734) by extending the prohibition of BPA in polycarbonate (PC) infant feeding bottles to PC drinking cups or bottles (sippy cups) intended for infants and young children.

Many of the proposed amendments in WTO document number 17-4734 remain unchanged. The prohibition of BPA in polycarbonate infant feeding bottles, under Regulation (EU) 321/2011, also remains unchanged.

If approved, the provisions in the new law could become effective in late 2018.

Highlights of the second amended proposal under WTO document number 17-5152 and a comparison with the migration of BPA under Regulation (EC) 10/2011 are summarized in the Table below.

Citation Scope Requirement, unless otherwise stated, is BPA migration Effective date
Regulation (EC) 10/2011 Food contact plastics ≤ 0.6 mg/kg January 2013
Draft regulation amending Regulation (EC) 10/2011 (WTO document no. 17-5152) Food contact plastics ≤ 0.05 mg/kg

Six months after date of entry into force

(potentially late 2018)

Food contact varnished or coated materials and articles ≤ 0.05 mg/kg
Polycarbonate drinking cups or bottles for infants and young children Prohibited (BPA content)
Food contact varnished or coated materials and articles for young children for food categories defined in Regulation (EU) 609/2013 Prohibited

Note:

‘Food contact plastics’ and ‘food contact varnished or coated materials and articles’ that were lawfully placed on the market before the effective date may remain on the market 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 and pave the way for compliance. From overall migration test to expert advices on emerging regulations and compliance issues and documentation review, SGS is the partner to trust. Please do not hesitate to contact us for further information or visit our website.

Next step:

Stakeholders are advised to comply with the latest requirements for food contact materials and articles for the EU market.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!

Read more articles for the Consumer Goods and Retail industry

© SGS Group Management SA - 2017 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.