Food Contact Materials : “Have your say” on the EU proposal to ban BPA

The new ban on the use of BPA that is now proposed is reflective of an increasingly restrictive trend on BPA, at both European and national level. BPA, widely used in the manufacture of various food packaging materials, has raised concerns regarding its potential migration into food and subsequent consumer exposure, due to its chemical properties. Initially, Commission Regulation (EU) No 10/2011 authorized the use of BPA in certain plastic food contact materials subject to a specific migration limit. Subsequent Regulations have, however, further tightened and restricted the use of BPA in feeding bottles, cups and polycarbonate drinking cups for infants and young children and in varnishes and coatings applied to articles coming into contact with infant formula, follow-on formula and baby food¹. These EU-wide restrictions echoed similar or even more extensive national restrictions, such as in France where a ban on the use of BPA in the manufacture, importation, exportation and placing on the market of any food packaging containing BPA has been in force since 2015 (see our article here).

The European Commission is now seeking to introduce a comprehensive EU-wide ban on the use of BPA and other bisphenols in various food contact materials and articles. This initiative follows updated scientific findings published by the European Food Safety Authority (EFSA) indicating adverse health effects associated with exposure to BPA². These adverse health effects may include, according to EFSA, reproductive and developmental effects, metabolic effects as well as adverse effects on the immune system.

Articles covered by the proposed ban include plastics, varnishes, coatings, printing inks, adhesives, ion-exchanging resins and rubbers with the aim to minimize consumer exposure to BPA. At the same time, BPA diglycidyl ether-based (BADGE) heavy-duty varnishes and coatings typically applied to large containers that are used to process, store and transport grains, dairy products, oils and alcoholic beverages, while exempted from the BPA ban, would be subject to strict monitoring and reporting obligations to detect potential BPA migration into food. Manufacturers placing on the market food packaging made of recycled paper and board are also subject to monitoring and reporting requirements in relation to the unintentional presence of BPA with a view to identifying and mitigating BPA contamination in recycled materials used in food contact materials.

Recognizing the challenges in transitioning away from BPA-based materials, the European Commission proposes to introduce transition periods to allow companies time to reformulate products and ensure compliance with the proposed rules. The draft Regulation proposes a transition period of 18 months, with a longer transitional period of 36 months applying to i) single-use food contact articles for processed fruits, vegetables and fish; ii) varnishes/coatings of metal single-use food contact articles; and iii) repeat use final food contact articles used in professional food production equipment.

Commenting publicly on the proposed ban, the Italian National Food Safety Committee showed support of the proposed rules noting that BPA has been successfully banned in baby bottles for the last ten years. The Dutch Food and Product Safety Authority as well underscored the need to “specify a tolerance for BPA in plastics” for enforcement purposes.

Interested stakeholders that are likely to be impacted by the proposed ban are encouraged to submit their input by 8 March 2024. Please get in touch with a member of our team should you wish to participate in the consultation or discuss how this proposed ban may affect your business activities in the EU.