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EU Issues New Legislation on Food Contact Recycled Plastics

SafeGuardSHardgoods, HardgoodsOctober 06, 2022

SG 114.22

The EU is replacing its legislation on food contact recycled plastics. The new law will enter into force on October 10, 2022.

On September 20, 2022, the European Union (EU) published Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with food (the Regulation). 

Highlights of the Regulation, and its corrigendum, as issued on September 21, 2022, are summarized in Table 1.

Regulation (EU) 2022/1616 of September 15, 2022, on Recycled Plastic Materials and Articles Intended to Come into Contact with Foods, and Repealing Regulation (EC) 282/2008

Section to Regulation (EU) 2022/1616 Highlight
Chapter I ‘Subject Matter, Scope and Definitions’

• Lays down rules for placing food contact recycled plastics on the market, the development and operation of recycled technologies, processes and installations for the manufacture of food contact recycled plastics, and the use of these recycled plastics in contact with food and food contact plastics which are intended to be recycled

• Defines requirements for suitable recycling technologies for recycling waste into recycled plastic materials and articles that comply with Article 3 to Regulation (EC) 1935/2904 (consolidated version to March 2022) and are microbiologically safe (Annex I)

Chapter II ‘Placing on the Market of Recycled Plastic and Recycled Plastic Materials and Articles’

• Sets rules for placing recycled plastic materials and articles on the market, including compositional requirements, and requirements under Chapters III and V to Regulation (EU) 10/2011 ‘Food Contact Plastics’ (consolidated version to September 2020)

• Requires recycled plastic materials and articles to be manufactured using either a suitable recycling technology (Annex I) or a novel technology and developed as described in Chapter VI

• Details the requirements for documentation, instructions and labeling – individual batches of recycled plastic and recycled plastic materials and articles are subject to a single document or record on their quality and must be identified by a unique number and name of the manufacturing stage from which they originate

Chapter III ‘General Requirements for Plastic Recycling and the Use of Recycled Plastic’

• Describes the requisites for waste management operators, including requirements for:

     • Waste collection and pre-processing
     • Certification of the quality assurance system by an independent third party
     • Decontamination
     • Post-processing and use of recycled plastics
     • Operation of recycling schemes

Chapter V ‘Procedure for the Authorization of Individual Recycling Processes’

• Defines the procedure for the authorization of an individual recycling process that complies with the conditions of use of the suitable recycling technology it applies and manufactures food contact plastics that comply with Article 3 to Regulation (EC) 1935/2004 and are microbiologically safe.

Chapter VIII ‘Compliance Documentation’

• Requires recyclers to provide a declaration of compliance (DoC) in accordance with the template in Part A to Annex III

• Requires converters to provide a DoC in accordance with the template in Part B to Annex III

• Details the transitional provisions, including those that are applicable to the production of materials and articles where recycled plastic is used behind a functional barrier

Table 1

This Regulation repeals Regulation (EC) 282/2008 (consolidated version to October 2015) and will enter into force on October 10, 2022 – the twentieth day after its publication in the Official Journal of the EU.

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. In the end, it’s only trusted because it’s tested. Discover more on our website.

For enquiries, please contact:

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

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