EU to regulate BPA from vanishes and coatings of plastic food contact materials

On 14 March 2016, EU notified World Trade Organisation (WTO) of Circular G/TBT/N/EU/370 to publish a draft Commission Regulation proposing to amend Regulation (EU) No 10/2011 for plastic food contact materials. The amendment targets at regulating the use of bisphenol A (“BPA”).
 
The draft regulation lowers the specific migration limit (SML) for BPA (0,05mg/kg) from plastic food contact materials in line with the EFSA opinion published in January 2015. It therefore amends Commission Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food. In addition, it applies the same SML to BPA from a varnish or coating applied to materials and articles. The notified draft also sets out the criteria for verification of compliance concerning varnishes and coatings, as well as laying down the requirements for the written declaration of compliance (DoC) for varnished or coated materials and articles.
 
In Table 1 of Annex I to Regulation (EU) No 10/2011, the entry concerning substance No. 151 is replaced by the following:

FCM NO	Ref NO	CAS NO	Substance	SML	Restriction
151	13480	0000080-05-7	2,2-bis(4-hydroxyphenyl)propane	0,05mg/kg	Not to be used for the manufacture of polycarbonate infant feeding bottles.'
	13607

 
The amendment covers the following products:
Materials and articles in contact with food (HS: 3919, 3920, 3923 & 3924; ICS: 67.250). Self- Adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls. (HS: 3919),
Other plates, sheets, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials. (HS: 3920),
Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics (HS: 3923),
Tableware, kitchenware, other household articles and toilet articles, of plastics (HS: 3924).
 
C&K Testing reminds that the draft is expected to be approved in September 2016. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union once approved. It shall apply from 6 months after entry into force of this Regulation. It is advisable that manufacturers should deal with it or send those products for testing if necessary.