EU FOOD CONTACT COMPLIANCE

FOR PAPER AND BOARD

Dr. Sarah Saminadin Peter,
Senior Food Contact Regulatory Expert

09/01/2018
AGENDA
Global Overview of European Legislation for food
01 Contact Materials

02 EU Legislation applicable to Paper and Board

Member states Legislation applicable to Paper and

03 Board

04 Council of Europe Resolution

05 Guidance from industry

06 Mineral Oil

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 01
GLOBAL OVERVIEW OF
EUROPEAN LEGISLATION FOR
FOOD CONTACT MATERIALS

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EUROPEAN FOOD CONTACT LEGISLATION- A COMPLEX SYSTEM

Framework legislation (EC) 1935/2004

Good Manufacturing Practice (EC) 2023/2006

Plastics Materials Regenerated Active and Epoxy derivatives Ceramics Rubber

(EU) 10/2011 and cellulose film Intelligent Materials BADGE, BFDGE, 2005/31/EC Nitrosamine 93/11/EEC
amendements 2007/42/EC and Articles NOGE
(EC) 450/2009 (EC) 1895/2005
Recycled plastic
(EC) 282/2008

Non-harmonized regulated materials e.g.: Printing inks, Metal and Alloys, Coatings, Silicones, Adhesives,
Paper and Board, Rubber, Gummi…

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CURRENT SITUATION ON SPECIFIC MEASURES APPLICABLE TO PAPER AND
BOARD

• 10 Members States have a national legislation or instruction for paper and board
➢ Belgium, Czech Republic, Estonia, Greece, Germany, France, Croatia, Italy, The Netherlands,
Slovakia
Source: JRC “Non-harmonised food contact materials in the EU: regulatory and market situation”, Baseline Study, 2016

• Council of Europe Resolutions for Paper and Cardboard Res AP (2002)1 (current version 4-2009) and
for Tissue paper kitchen towels and napkins (2009) 1 , New Draft is in preparation
➢ 47 Members States

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ISSUES RELATED TO
NON-HARMONIZATION
OF REGULATION

• Legislation/instructions are not

easy to access because they are
not centralized
• Some of them are available only
in native languages
• Apply “mutual Recognition” but
in practice it may not work

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RECOMMENDED APPROACH FOR COMPLIANCE OF NON-HARMONIZED
MATERIALS IN EU

EU Legislation

National Legislation from Member States

Council of Europe Resolutions/ Industry organization

guidance/ Guidance issued by Member States

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 02
EU LEGISLATION APPLICABLE
TO PAPER AND BOARD

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EU LEVEL- FRAMEWORK LEGISLATION (EC)1935/2004

Covers all Food Contact Materials (FCM) and ensures that the food will be safe and protects
consumers

General requirements for FCM :

shall not endanger human health
(article 3)
shall not change the composition of shall be manufactured according to
shall not change taste, odor, or
the food in an unacceptable way Good Manufacturing Practice
texture of the food (article 3)
(article 3) (GMP) (article 3)

shall implement a traceability system (article 17) shall apply proper labelling (article 15) Allow specific measures (article 5)
EU LEVEL- GMP REGULATION (EC) 2023/2006

• Apply to all FCM at all stage of manufacture, processing and distribution of materials and
articles up to but excluding the production of starting substances
• The manufacturer should :
• Implement quality assurance system
• Implement quality control system
• Maintain appropriate documentation that demonstrates the compliance and the safety of the
materials as required in (EC) No. 1935/2004.

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 03
MEMBER STATES
LEGISLATION APPLICABLE TO
PAPER AND BOARD

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GERMAN BFR RECOMMENDATION

• Not legally binding, but well-respected

in Germany

• The applicable recommendation

depends on the type of usage:
• Recommendation 36: Paper and Board
used at temperatures up to 90°C
• Recommendation 36/1: Cooking and ,
Hot Filter and Filter Layers applications
• Recommendation 36/2: Baking paper
• Recommendation 36/3: Absorber pads
on cellulosic fibers
https://bfr.ble.de/kse/faces/DBEmpfehlung_e
n.jsp
GERMAN BFR RECOMMENDATION
36 - PAPER AND BOARD FOR FOOD
CONTACT
• Covers single and multi layers made of
paper or paperboard intended to come
into contact with foodstuffs below 90°C
• Sets out “positive lists” of raw materials
(e.g. fibre material) and production aids
(e.g. defoamers, slimicides, sizing agent)
• Restrictions apply on maximum quantities
given, if not apply to surface area or
otherwise stated, refer to the dry finished
product
• Purity requirements e.g. migration limit for
some heavy metals, formaldehyde, PAA
• No preservatives effect and prohibit the
use of azo dyes

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 GERMAN BFR RECOMMENDATION
36 - RECYCLED FIBRES

• Respect Good Manufacturing Practice

and carefully select the sources
• Additional specific migration
requirements (e.g. Bisphenol A,
Phtalates)
• Usage of additional packaging for dry
and non-fatty food to lower migration
of volatile and mineral oil

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GERMAN BFR RECOMMENDATION
36/1 - COOKING PAPERS, HOT
FILTER PAPERS AND FILTER LAYERS
• Applies only for contact with aqueous
foods
• Covers e.g. boil-in-bag packages, tea bags,
hot filter papers
• Sets outs “positive lists” of raw materials
and production aids
• Restriction limit on maximum quantities
given, if not apply to surface area or
otherwise stated, refer to the dry finished
product
• Special requirements on total dry residue
extract

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 GERMAN BFR RECOMMENDATION
36/2 - PAPER AND PAPERBOARD
FOR BAKING PURPOSES

• The product must withstand a temperature

of at least 220 °C without decomposition
• Specifications for paper used in microwave
ovens
• Product must be used at temperatures <
220 °C and <150°C for microwave ovens.
This must be clearly labelled and instructed
• Sets outs “positive lists” of raw materials
and production aids

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GERMAN BFR RECOMMENDATION
36/3 - ABSORBER PADS BASED ON
CELLULOSIC FIBRES FOR FOOD
PACKAGING

• Sets outs “positive lists” of raw materials

and production aids
• Usage of further materials allowed such as
plastics, non-woven materials or glues is in
compliance with the appropriate legal
requirements

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DUTCH WARENWET-PACKAGING AND CONSUMER ARTICLES REGULATION

• Paper and paper board are covered in Appendix part A Chapter II

• Legally binding

• Set out a positive list

• Fibers made out plastic (Chapter I) coated (Chapter X)

• Woven material (Chapter VII)

• Regenerated cellulose film (Chapter VIII)

• Overall Migration and Specific Migration are required

DUTCH WARENWET-PACKAGING AND CONSUMER ARTICLES REGULATION

• Section 2 applies to cooking and filter paper used > 80°C

• Set out a positive list

• Non- recycled paper only

• Fibers made of plastics are allowed (Chapter I, as far as these plastics contain no
plasticizers), may be top coat (Chapter X, Part 1 and Part 2).

• Overall Migration and Specific Migration are required

ITALIAN MINISTERIAL DECREE OF
MARCH 21, 1973

• Annex II, section IV “Oggetti di carta e

cartone”

• Positive list for raw materials e.g. fibres

and fillers and processing aids

• No specific requirements for high

temperature usage such for tea bags or
baking papers

• Recycled paper allowed only for

contact with dry food
FRANCE- GUIDANCE FROM
DGCCRF

• DGCCRF which stand for Directorate

General for Competition Policy
Consumer Affairs and Fraud Control
issued compliance guidance
• Paper and board
• Coated paper and board
• Composition requirements : refers to
European legislation, French guidance
document and BfR 36
• Migration and purity criteria, e.g.
• Some heavy metals limits
• Limit for Formaldehyde, Glyoxal
Pentachlorophenol, etc.

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 04
COUNCIL OF EUROPE
RESOLUTION

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COUNCIL OF EUROPE RESOLUTION AP(2002)1

• 47 members states which goes beyond European Union members states

• Last version of Resolution AP (2001)1 dated 12.02.2009
• Currently under revision (no draft available yet)
• Not legally binding
• Current version contains 5 technical documents
1. List of substances to be used in manufacture
2. Testing methods and conditions
3. Guidance for recycled fibers
4. CEPI GMP guidance
5. Practical guidance
https://rm.coe.int/16804e4794

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 05
GUIDANCE FROM INDUSTRY

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CEPI-CONFEDERATION OF EUROPEAN PAPER
INDUSTRIES

• Represent the paper industry with EU institutions

and issues guidance document
• Last guidance issued on September 2012
• List of recommended raw materials
• Guidance for GMP
• Recommended chemical testing
• Recommend to provide a declaration of compliance
• http://www.cepi.org/topics/foodcontact/publication
s/Industryguidelineissue2

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 06
MINERAL OIL

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MINERAL OIL- NO LAW BUT INITIATIVES

• MOSH Mineral Oil Saturated Hydrocarbons and MOAH Mineral Oil Aromatic Hydrocarbons
• Germany released a new draft March 2017 of the “mineral oil ordinance” requiring a SML
of 0.5 mg/kg for MOAH and introduction of functional barrier for recycled paper used for
food contact
• http://www.bmel.de/SharedDocs/Downloads/Ernaehrung/Rueckstaende/MineraloelVO_En
twurf.pdf;jsessionid=6BE136F147129C2F3038202B758E4DBB.1_cid376?__blob=publication
File
• EC adopted Recommendation (EU) 2017/84 to monitor mineral oil hydrocarbons into food
contact materials.
• Monitoring will be done by EU Member States in 2017-2018 and reported to EFSA
• http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017H0084&from=EN

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 Thank you for your attention

Questions?

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Dr. Sarah Saminadin Peter
+ 49 711 27311 257

sarah.speter@intertek.com

http://www.intertek.com/
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