How to navigate the top three challenges faced by companies in complying with food contact materials legislation

Legislation surrounding Food Contact Materials (FCM) in the EU and UK is complicated, and complying with the regulations can be time consuming and costly. Leatherhead Food Research’s Senior Scientific and Regulatory Affairs Analyst, Keita Saito, shares the top three challenges the food and beverage industry faces in complying with FCM legislation in the EU and UK. He also provides tips on how companies can navigate these challenges.

Complications with compliance documentation is one of the biggest issues faced by the food and beverage industry surrounding FCM legislation.

In Europe, all materials intended for use in contact with food or on surfaces in contact with food must be accompanied by a Declaration of Compliance (DoC). Issued by manufactures, importers and suppliers (except at the retail stage), a DoC certifies that the food contact materials comply with the relevant regulations, ensuring their safety and suitability for use. Key information provided on the DoC includes the identity of the manufacturer or importer, the materials used and the specific regulations the product complies with. Testing methods also need to be detailed, demonstrating that the food contact materials are safe and do not release harmful substances into food.

Common mistakes in completing the DoC include:

• Failing to include all the required details, such as the list of materials and substances used, as well as the specific regulations the product complies with
• Not specifying the correct or relevant testing methods used to demonstrate compliance
• Misunderstanding or incorrectly applying the regulations relevant to the specific food contact material
• Using outdated regulatory references or test results that no longer meet current standards
• Failing to conduct a thorough risk assessment to ensure the material does not transfer harmful substances to food

Regulatory authorities may also ask to see a DoC during market surveillance activities to ensure that the materials comply with relevant regulations, as might Customs to verify that imported food contact materials meet the required safety standards. It is therefore crucial to ensure the DoC contains the mandatory information required by the relevant Member State in order to avoid product suspensions or recalls, and potential fines and penalties.

Understanding the requirements from the beginning is essential for creating a fully compliant DoC. A thorough grasp of the regulations relevant to the specific food contact material will help ensure there are no data gaps, that current regulatory references are used and that testing algins with current standards.

Whilst some materials, such as plastic, follow one harmonised legislation across the EU, others, like paper, lack harmonisation, with each Member State enforcing its own regulations. Companies must therefore grapple with various national legislation depending on the Member State they operate in. In some states, where no legislation exists, companies must prove the safety of their materials, adding a new level of complexity to the compliance process.

Although companies do not need to complete a separate Declaration of Compliance for each Member State, they must ensure their products comply with any additional national requirements for each Member State in which their product will be marketed. Understanding the specific requirements of individual Member States is key to ensuring the DoC meets all regulations, thereby avoiding the risk of potential recalls and minimising time-consuming complications.

Following Brexit, the EU has established new recycled plastic regulations that the UK has not adopted. This divergence between the two regulatory frameworks has created complications for companies navigating the differing requirements. For example, the new EU regulations classify chemical recycling as a novel process, requiring approval. In contrast, the UK (and the previous EU regulation) lacks a novel process category, meaning that chemical recycling does not require approval. Changes like these add confusion and complexity.

Understanding the differences in requirements caused by regulatory divergence is crucial in addressing this issue, as failure to comply with the relevant legislation can result in product recalls. Choosing materials where there is less, or no regulatory divergence, will help streamline the regulatory process.

Leatherhead Food Research’s online training course will equip you with the information you need to navigate these three regulatory challenges. Running from 28 October 2024 – 21 November 2024, Food Contact Materials Legislation in EU and UK – How to Comply will give you an in depth understanding of the compliance documentation required, an overview of EU harmonised legislation and national legislation, as well as details on the divergencies between the EU and UK regulations.

For flexible learning, rewatchable lessons, and expert-led interactive sessions, sign up now to benefit from our Early Bird Rate, which ends 28 August.

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