Food contact materials: Your Questions Answered

Yes. UK legislation is in place to protect consumers' health and the quality of the foods they buy. The new European Framework Regulation (EC) No. 1935/2004 on Materials and Articles Intended to Come into Contact with Foodstuffs lays down the general safety requirements for all materials and articles that come into contact with food. The regulations also ensure that they do not change the nature, substance or quality of the food.

More specific requirements exist for particular materials and articles:

• The Plastic Materials and Articles in Contact with Food (England)(No.2)Regulations 2006 regulate materials and articles made from plastic.
• The Material and Articles in Contact with Food Regulations 2005 regulate the manufacture of coated and uncoated regenerated cellulose film. The same regulation also controls the use of vinyl chloride monomer in the manufacture of food contact plastics.
• There is also specific legislation for restricting the lead content of tin or other metallic coatings in kitchen utensils in the form of The Cooking Utensils (Safety) Regulations 1972.
• Also, the N-Nitrosamines and N-Nitrosatable Substances in Elastomer or Rubber Tests and Dummies (Safety) Regulations 1995 restrict the amount of release of N-Nitrosamines and N-Nitrosatable Substances in the rubber of babies' teats and dummies.
• Council Directive 84/500/EEC as amended by Commission Directive 2005/31/EC deals with the migration into food of lead and cadmium from ceramic articles intended to be brought into contact with food. In In England, this Directive is enacted under the provisions of The Ceramic Articles in Contact with Food (England Regulations) 2006. Similar Regulations are in place in Scotland, Wales and Northern Ireland. Guidance notes for businesses and enforcement authorities that accompany the 2006 Ceramics Regulations can also be found on the Department for Business, Enterprise and Regulatory Reform website.

Other rules apply to packaging waste and general food hygiene.

There is not a list. There is only one official symbol, a wineglass and fork.

Food contact materials and articles now include so-called 'active' and 'intelligent' food contact materials and articles that, in their finished state, are intended to come into contact with food.

The law also covers materials and articles that come into contact with foods or transfer their constituents to food (which may include printing inks and adhesive labels, for example). However, it excludes covering or coating substances that are part of the food and may be eaten with it, such as sausage skin.

Also excluded are materials and articles that are supplied as antiques. Examples of food contact materials and articles include food packaging, cookware, cutlery, tableware, work surfaces and food processing machinery and equipment.

There are several regulations that are in place to protect consumers' health and the quality of the foods they buy. The new European Regulation (EC) number 1935/2004 lays down the general requirements that apply to materials and articles that are intended to come into contact with foodstuffs. This regulation came into force on 3 December 2004 and is directly applicable in all EU Member States.

The new EC regulation requires that food contact materials and articles not in contact with food when sold should be accompanied by either the words �for food contact�, or a specific indication as to their use. This indication could be an easily recognisable symbol such as a coffee machine, wine bottle, soup spoon and so on. Alternatively, the use of the official symbol, that is, the wineglass and fork, can be used.

However, the wording or symbol is not necessary for articles whose characteristics make them clearly intended for use in contact with food. If necessary, special instructions for the safe and appropriate use of the material or article must also be given and the name, or trade name, and the address of the manufacturer, processor or seller who places the goods on the market included.

The information must be clear, and in a language easily understood by purchasers, conspicuous, legible and indelible. There are also rules about the siting of this information at the marketing and retail stages.

Companies and manufacturers are responsible for ensuring that the product they sell, use or import complies with the relevant regulations.

The Agency and enforcement authorities routinely analyse foodstuffs on sale to consumers to ensure the law is complied with.

Local authorities’ Trading Standards Departments and Environmental Health Departments have responsibility for enforcing food law in the UK. Port Health Authorities enforce food law at ports and airports.

No, the FSA does not approve products before they are allowed on the market. Instead, in the UK there is a presumption that the opinions of the European Food Safety Authority are adequate in establishing minimum levels of consumer protection.

These opinions are the basis of the safety limits laid down in Commission Directives adopted following agreement with all EU Member States and transposed into UK law.

Not necessarily. Where there are already EU-wide rules in force in the UK, these rules must be complied with. If there are no specific rules, the general requirements laid down in the European Regulation will have to be met.

FDA approval might be relevant in some instances where, in the case of legal action, a court might accept this as part of a defence against prosecution. But this is not a compulsory legal requirement in the United Kingdom.

Contact:

Food Contact Materials Unit
Food Standards Agency
Aviation House, 125 Kingsway
London WC2B 6NH

Tel: 020 7276 8555
Fax: 020 7276 8514
Email: FoodContactMaterial@foodstandards.gsi.gov.uk