Our product touches food

Regulation (EC) No 1935/2004 is the framework for everything that touches food. It applies to materials and articles which, in their finished state, are intended to be brought into contact with food, are already in contact with food and were intended for that purpose, or can reasonably be expected to be brought into contact with food or to transfer their constituents to food under normal or foreseeable conditions of use (Article 1(2)). Antiques, covering or coating materials that form part of the food and may be eaten with it, such as those covering cheese rinds, and fixed water supply equipment are outside it (Article 1(3)).^[1]

The core duty is short. Materials and articles must be manufactured in compliance with good manufacturing practice so that, under normal or foreseeable conditions of use, they do not transfer their constituents to food in quantities that could endanger human health, bring about an unacceptable change in the composition of the food, or deteriorate its taste and smell (Article 3(1)). Their labelling, advertising and presentation must not mislead consumers (Article 3(2)). The detailed good manufacturing practice rules are in Regulation (EC) No 2023/2006: a documented quality assurance system, pre-established specifications and documentation, at all stages of manufacture, processing and distribution up to but excluding the production of starting substances (Articles 2, 4, 5 and 7).^[1][3]

Specific measures add detail per material. Annex I lists 17 groups that may be covered, including plastics, ceramics, glass, metals and alloys, paper and board, rubbers, silicones, printing inks, varnishes and coatings, and wood (Article 5 and Annex I). Specific measures must require that the materials they cover are accompanied by a written declaration that they comply with the applicable rules, with appropriate documentation available to demonstrate it (Article 16(1)); where there is no specific measure, Member States may keep or adopt national rules on declarations (Article 16(2)).^[1]

For plastics, the specific measure is Regulation (EU) No 10/2011, which applies from 1 May 2011 (Article 23). It covers materials and articles consisting exclusively of plastics, plastic multi-layers, printed or coated plastics, and plastic layers in caps, closures and multi-material articles, but not ion exchange resins, rubber or silicones (Article 2). Plastics may not release more than 10 mg of constituents per dm2 of food contact surface, or 60 mg per kg of food simulant for food for infants and young children as defined by Directives 2006/141/EC and 2006/125/EC (Article 12), and substances in the Union list are held to the specific migration limits in Annex I (Article 11(1)). Regulation (EU) 2023/1442 removed untreated wood flour and fibres from the Union list, and Regulation (EU) 2025/351 added Article 14a on instructions and warnings for repeat-use articles. The written declaration of compliance must be available at marketing stages other than retail, contain the information in Annex IV and be renewed when changes affect migration (Article 15), with supporting documents available to authorities on request (Article 16). Since 20 January 2025, Regulation (EU) 2024/3190 prohibits the use of bisphenol A in food contact plastics, varnishes and coatings, rubbers, silicones, adhesives, printing inks and ion-exchange resins, and the placing on the market of materials made with it, except for uses listed in its Annex II (Articles 1 and 3); articles made under the old rules could be first placed on the market only until 20 July 2026, with later dates for a few listed uses (Articles 11 and 12).^[2][4]

The product also has to say what it is. Articles not yet in contact with food when placed on the market carry the words "for food contact", a specific indication of use or the symbol in Annex II, special instructions for safe use where necessary, the name and address of the business responsible established in the EU, and identification that ensures traceability (Article 15(1)). The indication is not needed for articles clearly intended for food (Article 15(2)), and at retail the information must be in a language easily understood by purchasers (Article 15(4)). Business operators keep systems that identify who supplied them and whom they supplied (Article 17(2)).^[1]