On March 24, 2022, the European Commission’s Standing Committee on Plants, Animals, Food and Feed – Section “Novel Food and Toxicological Safety of the food chain” (Standing Committee) discussed a revised draft of an updated recycled plastic FCM regulation which would replace the existing EU regulation established in 2008 (EU 282/2008). The European Commission (EC) had previously published the draft regulation and requested public comment (FPF reported), and many stakeholders provided input, including the Food Packaging Forum (FPF reported).
The draft regulation has now been slightly changed compared to the initial proposal, apparently after some Member States voiced concerns. Specifically, a definition of “novel technologies” was included in article 3, where it now states that “any recycling technology that has not been subject to a decision on its suitability in accordance with Article 15 or 16 shall be regarded as a novel technology for the purpose of this Regulation”. Further, the mention of “potential residual contamination” in article 3 has been removed, and article 5 was updated with requirements for labeling. Finally, the requirements regarding monitoring and reporting for businesses were specified.
Speaking at Chemical Watch’s European FCM online conference on March 29, 2022, Jonathan Briggs of the EC’s Directorate General for Health and Food Safety (DG Sante) spoke of a “successful discussion” in the Standing Committee. DG Sante is now awaiting written responses from the Member States who will vote on the draft, but Briggs is expecting a favorable opinion. If the Standing Committee indeed votes in favor of the draft regulation it will next move into the European Parliament for deliberations.
Despite its revisions, the draft regulation does not address concerns voiced by stakeholders about the safety of recycled plastics being allowed for direct food contact. Zero Waste Europe, together with 26 other European environmental and health civil society organizations, had sent a letter to the EU Commissioner for Health and Food Safety, Dr. Stella Kyriakides. And a recently published systematic review of chemicals migrating from polyethylene terephthalate (PET) beverage bottles, co-authored by scientists from FPF, Brunel University, and others, showed that recycled PET is indeed a source of migrating hazardous chemicals, including bisphenol A (CAS 80-05-7) (FPF reported), highlighting the need for increased safety evaluation of recycled plastics used in direct food contact.
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European Commission Comitology Register (March 24, 2022). “COMMISSION REGULATION (EU) …/… of XXX on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.”
Zero Waste Europe (February 21, 2022). “Open letter on Hazardous Chemicals and Food Safety – recycled plastic in food packaging (updated rules).”
