Nationales Referenzlabor für Food Contact Materialien Schweiz
NRL-FCM-CH
Vollzug der Lebensmittelgesetzgebung im Bereich Food Contact Materials im Kanton Zürich.
ID: 898780733007-07
Lobbying Activity
Response to Restrictions on bisphenol A (BPA) and other bisphenols in food contact materials
8 Mar 2024
We appreciate that the legislator is reacting on the risk assessment of bisphenol A and is also including structurally similar compounds in its action. Having in mind the challenges of enforcement, the facilitation of a harmonized course of action, as well as an equal and fair treatment of all business operators, we would like to comment as follows: Article 5 unclear definitions: In the draft regulation article 5, the manufacturers are asked to monitor for the presence of BPA. Who is responsible for the monitoring (and the enforcement of the monitoring obligation) if the manufacturer is located outside Europe? And what about food packaged in recycled paper and board that is produced (and packaged) outside Europe? The importer of recycled paper and board (for food contact) as well as the importer of packed food should be made responsible to ensure that article 5 is fulfilled by the manufacturer. --> Clearer definitions of the responsibilities are needed. Article 5 detection limit There is no detection limit defined in article 5. If no detection limit is defined, it is in the responsibility of the manufacturer to assess the level of migratable BPA based on the Efsa TDI. As this level is so low, expected levels of BPA contribute significantly. In consequence, the manufacturer must (in most cases) conclude that recycled paper and board is not safe for use in food contact. This draft regulation as such would thus lead to an indirect prohibition of recycled paper and board in food contact including e.g. pizza boxes. (This is in contradiction to the EUs sustainability goals.) Furthermore, if it is left to the control authorities in the different European countries to define a detection limit, this will lead to different limits in different countries. This contradicts an equal and fair treatment of business operators across the European Union. The same issue arises also with business operators handling recycled plastics for food contact. The risk managers should assume their responsibility for a harmonised handling of BPA residues from all food contact articles. The definition of detection limits (or migration limits) would also alleviate the risk of an exclusion of recycled paper and board from the FCM market. --> A detection limit of BPA in recycled board and plastic for food contact needs to be defined (or a detection limit for the migration).
Read full responseResponse to Revision of EU rules on food contact materials
29 Jan 2021
Please see attached file.
My main input is: The evaluation and subsequent registration of intermediate and finished food contact articles should be concluded with an approval process. Otherwise any new rules run risk of being followed poorly, which would be a lot of effort for little return. We see such mechanisms in the rules on toy safety and cosmetics.
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