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EU - Approved Regulations on the Use of BPA and Other Bisphenols in Food Contact Materials and Articles

On December 19, 2024, The European Commission issued Commission Regulation (EU) 2024/3190 on the use of bisphenol A (BPA) in food contact materials and articles. The Regulation (EU) 2018/213 shall be repealed.

The use of BPA and its salts in the manufacture of food contact materials and articles and the placing on the market the products are prohibited. The food contact materials and articles under the prohibition includes:

  • Adhesives
  • Rubbers
  • Ion-exchange resins
  • Plastics
  • Printing inks
  • Silicones
  • Varnishes and coating

BPA and its salts may be used in the manufacture of food contact under the restrictions set out in Annex II (As following table), which is applicable to material of plastics, varnishes and coatings.

The use of hazardous bisphenols other than BPA in the manufacture of food contact materials and articles are also prohibited, except they fulfil the above restrictions.

Business operators shall prepare a declaration of compliance. The declaration of compliance shall contain the following information:

  • the identity and address as well as contact details of the business operator issuing the declaration of compliance
  • the identity and address as well as contact details of the manufacturer or importer of the products
  • the identity of the food contact material or article, including both intermediate food contact materials and final food contact articles
  • the date of the declaration
  • a list of any bisphenols or bisphenol derivatives used in the manufacture of the food contact material or article
  • a statement that the intermediate or final food contact material or article complies with this Regulation and Regulation (EC) No 1935/2004

In the Plastic Food Contact Materials and Articles Regulation (EU) No 10/2011, the substances 2,2-bis(4-hydroxyphenyl)propane (entry 151) and 4,4'-dihydroxydiphenyl sulphone (entry 154) listed in the Table 1 of Anne I are deleted.

Transitional period:

Single-use food contact articles manufactured using BPA complying with the rules as applicable before the date of entry into force of this Regulation that do not comply with this Regulation may be placed on the market until 20 July 2026. The following single-use final food contact articles complying with the rules as applicable before the date of entry into force of this Regulation do not comply with the rules in this Regulation, may be placed on the market until 20 January 2028:

  • single-use final food contact articles intended for the preservation of fruits or vegetables and fishery products.
  • single-use final food contact articles on which a varnish or coating manufactured using BPA has only been applied to the exterior metal surface.

Single-use final food contact articles complying with the rules as applicable before the date of entry into force of this Regulation can be filled with food and sealed during the 12 months following the expiry of the applicable transitional period and can be sold until exhaustion of stocks.

Repeat-use final food contact articles manufactured using BPA and complying with the rules as applicable before the date of entry into force of this Regulation that do not comply with this Regulation may be first placed on the market until 20 July 2026. Repeat-use final food contact articles used as professional food production equipment, complying with the rules as applicable before the date of entry into force of this Regulation, which do not comply with this Regulation, may be first placed on the market until 20 January 2028. Both products may remain on the market until 20 January 2029.

This regulation will come into force on January 20, 2025.

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