DEU/12
WTO/SPS
DE Germany
  • 67 - Food technology
2021-05-21
2021-03-23

Materials and articles in contact with food (fcm) made from recycled paper and board

Draft Twenty-second Ordinance amending the Consumer Goods Ordinance. Language(s): English and German. Number of pages: 16

The Draft Twenty-second Ordinance amending the German Ordinance on Consumer Goods establishes provisions minimising the transfer of mineral oil aromatic hydrocarbons (MOAH) from materials and articles in contact with food (fcm) made from recycled paper and board. The Federal Institute for Risk Assessment (BfR) and the European Food Safety Authority (EFSA) raised concerns about intake of MOAH due to a possible carcinogenic potential. For the aforementioned fcm a functional barrier shall be obligatory unless a) the manufacturer of the fmc or the person responsible for the placing on the market of the fcm could ensure by other means that a transfer of MOAH into food does not occur or b) the food business operator using the fcm declares that a functional barrier is not required. In such cases, the food business operator himself has to ensure by appropriate means that MOAH will not be transferred into food (e.g. by using a separate inner bag blocking MOAH transfer; or due to the characteristics of the food; or the packaging/use conditions avoid MOAH transfer). A limit of detection for a "non-transfer" of MOAH from such fcm of 0.5 mg MOAH/kg food will be applied. In case that testing of MOAH transfer from the recycled paper and board food contact materials and articles is carried out in food simulants, a detection limit of 0.15 mg MOAH/kg simulant applies (due to absence of significant negative matrix effects which are especially relevant as regards MOAH analytics in foodstuffs). The measure offers the possibility of continuous use of recycled paper and board in fcm while ensuring safety.

The possibility to issue exceptions to the rules stated in this Ordinance can be applied upon request (based on Article 68 of the German Food and Feed Act, LFGB).