EU releases draft ban on bisphenol A in food contact materials

The European Commission proposed a Commission Regulation (EU) on the use of bisphenol A (BPA) and other bisphenols and their derivatives in food contact materials and articles. The deadline for feedback on this draft act is March 8, 2024.BTF Testing Lab would like to remind all manufacturers to prepare for the draft as soon as possible and conduct food contact material testing.

The main content of the draft is as follows:
1. Prohibit the use of BPA in food contact materials
1)It is prohibited to use BPA (CAS No. 80-05-7) substances in the manufacturing process of paints and coatings, printing inks, adhesives, ion exchange resins, and rubbers that come into contact with food, as well as to place food contact end products partially or entirely composed of these materials on the market.
2) It is allowed to use BPA as a precursor substance to synthesize BADGE and its derivatives, and use them as monomers for heavy duty varnish and coatings with BADGE groups for manufacturing and marketing, but with the following limitations:
· Before the subsequent manufacturing steps, the heavy-duty varnish and coating of the liquid epoxy BADGE group should be obtained in a separate identifiable batch;
· BPA that migrates from materials and products coated with BADGE functional groups in heavy varnish and coatings shall not be detected, with a detection limit (LOD) of 0.01 mg/kg;
· The use of heavy duty varnish and coatings containing BADGE groups in the manufacturing of food contact materials and products shall not cause hydrolysis or any other reaction during the product manufacturing process or in contact with food, resulting in the presence of BPA in the materials, items or food.
2. Revision of BPA related regulations (EU) No 10/2011
1) Delete substance 151 (CAS 80-05-7, Bisphenol A) from the positive list of substances authorized by Regulation (EU) No 10/2011;
2) Add substance No. 1091 (CAS 2444-90-8, 4,4 '- Isopropylenediphenoate Disodium) to the positive list, limited to monomers or other starting substances of polysulfone resin for synthetic filter membranes, and the migration amount cannot be detected;
3) Amendment (EU) 2018/213 to repeal (EU) No 10/2011.
3. Revision of BPA related regulations (EC) No 1985/2005
1) Prohibition of using BADGE to produce food containers with a capacity of less than 250L;
2) Clearcoats and coatings produced based on BADGE can be used for food containers with a capacity between 250L and 10000L, but must comply with the specific migration limits for BADGE and its derivatives listed in Annex 1.
4. Declaration of conformity
All food contact materials circulating in the market and items restricted by this regulation must have a declaration of conformity, which should include the address and identity of the distributor, manufacturer, or distributor of imported products; The characteristics of intermediate or final food contact materials; The time for declaration of conformity, and confirmation that intermediate food contact materials and final food contact materials comply with the provisions of this regulation and Article 3, 15, and 17 of (EC) No 1935/2004.
Manufacturers need to conduct food contact material testing as soon as possible and issue a compliance statement.