Germany

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).

The Draft Twenty-first Ordinance amending the German Ordinance on Consumer Goods establishes provisions for printed food contact materials. A positive list of evaluated substances permitted to be used in printing inks for food contact materials will be introduced to avoid any negative effects on human health relating to dangerous substances migrating from printed food contact materials into foodstuffs in unacceptable amounts. The positive list will be continuously extended if appropriate toxicological data are made available to the competent authority based on a positive outcome of the risk assessment of these data (even during the notification process). Under specific conditions, other substances not listed in the positive list can be used for food contact materials of which the printed part will not be in direct contact with food; especially migration of these non-evaluated substances into food shall not be detectable (i.e. detection limit 0.01 mg/kg). Printed food contact materials legally placed on the market in accordance with the German provisions applicable before the date of entry into force of this Ordinance can be placed on the market until end of stocks. In addition, the possibility to issue exceptions to the rules stated in this Ordinance can be authorised upon request (based on Article 68 of the German Food and Feed Act, LFGB).