On February 9, 2024, the European Commission published a draft regulation to ban bisphenol A (BPA, CAS 80-05-7) and other bisphenols in food contact materials. The draft proposes a ban on BPA in food contact materials (FCMs) with a 36-month transition period for varnishes, coatings, and professional production equipment; and 18 months for everything else, with exemptions for:
- the disodium salt of BPA specifically for the manufacture of polysulfone resins for plastic food contact membranes by way of amendment to Regulation (EU) No 10/2011 on plastic FCMs, provided that its migration into food is not detectable.
- continued synthesis of the starting substance BADGE (CAS 1675-54-3) using BPA, only for the manufacture of BADGE-based heavy-duty varnishes and coatings to be applied to materials and articles with a capacity of more than 250 liters, provided that migration of any residual BPA into food is not detected
- Up to 10 years for long-life products such as processing gaskets, etc.
Concerning BPA as a contaminate in FCMs made from recycled products, the proposal states, “it is neither practical nor proportionate to prohibit the unintentional presence of BPA in recycled materials”. It continues, “[m]onitoring by business operators and reporting to Member States for the unintentional presence of BPA in recycled paper and board food contact materials and articles should be established at Union level.”
The draft regulation also restricts all other bisphenols for FCMs unless they are “first being risk assessed and authorised, to ensure that their use in the manufacture of food contact materials and articles does not endanger human health.” According to the Commission, this is already being done for all plastic FCMs under 10/2011.
Currently available information says the restriction will come into force in late 2025 or early 2026 (FPF reported). This regulatory proposal comes after the European Food Safety Authority (EFSA) issued an updated scientific opinion finding that current dietary exposure to BPA is unsafe and lowered the tolerable daily intake (TDI) by a factor of 20,000 (FPF reported). The draft is open for public comment until March 8, 2024.
Track this and other opportunities to contribute to regulation on food contact chemicals and materials on the Food Packaging Forum’s consultations page, and get an overview of what is expected in the 2024 policy outlook.
Reference
European Commission (February 9, 2024). “Food safety – restrictions on bisphenol A (BPA) and other bisphenols in food contact materials.”
