Amend national legislation regarding food contact materials. This is necessary to ensure food safety when using bio-based materials (such as bamboo) and recycled materials (such as paper and board). This is the advice from the Office for Risk Assessment & Research (BuRO) to the Minister of Health, Welfare and Sport (VWS).

Other advice to the Minister

BuRO also gives the following advice to the Minister of VWS:

  • Make a Declaration of Compliance mandatory for all categories of food contact materials. This is a document in which the manufacturer or importer declares that the product complies with legal requirements. It also contains information regarding substances present and the types of food for which the material is suitable.
  • Strengthen cooperation with the Ministry of Economic Affairs and Climate in the area of food contact materials. Work together to develop an integrated approach to sustainability and food safety.

Advice to the NVWA

BuRO also issues advice to the Inspector General of the NVWA:

  • Ensure a sound development of the NVWA's data position regarding substances in food contact materials. Collect information from inspections and conduct screening analyses in the laboratory. Develop a screening method for non-volatile substances in food contact materials. Develop a screening method for non-volatile substances in food contact materials.
  • Explore the possibility of using bioassays to test the food safety of food contact materials. These are test methods for determining the harmful effect of substances that migrate.
  • Strengthen cooperation with the Human Environment and Transport Inspectorate in the field of food contact materials. For example by coordinating surveillance and exchanging data.

Reason for the investigation

Developments in the field of sustainability encourage recycling and reuse of food contact materials and impact the use of raw materials. In 2021, BuRO published the advice on risks in the consumer products domain, which describes 16 subdomains, including food contact materials. BuRO wants to update the risk profile of FCM based on emerging risks, such as those related to sustainability. And investigate how the current system of legislation and surveillance functions and where it can be improved. BuRO has formulated the following research questions:

  1. How does the current system of legislation and surveillance regarding food safety risks of FCM function?
  2. How can this system of legislation and surveillance be improved with food safety as a starting point? What are the likely effects of FCM's market developments on food safety, especially with a focus on the national level?

Approach

An overview has been created of how the food safety of food contact materials is ensured through current legislation, at both the European and national level. An investigation was conducted into the potential impact of developments in the field of sustainability on the safety of food-contact materials. In addition, the existing system for monitoring compliance has been mapped out. We looked at the European notifications of unsafe FCM and NVWA monitoring data.

Answers to the research questions

  1. The current system of European and national legislation is based on authorisation of starting substances and to a limited extent on the final product. EU and national legislation do not sufficiently respond to new developments, such as the use of bio-based materials and the use of recyclate other than plastics. Surveillance often focuses on mandatory checks and checks where non-compliance is suspected. Assessing the food safety of food contact materials through chemical analysis is challenging. This is largely due to the difficulty of identifying all substances that may migrate from the material. Furthermore, there is often insufficient information available regarding the toxicity of these substances. The NVWA currently lacks a screening method for non-volatile substances.
  2. A revision of the food contact materials legislation is currently taking place at EU level. Improvement is possible at national level by setting requirements for the expected NIAS in materials that are not regulated at EU level. In addition, specific requirements should be set for bio-based raw materials. At this moment, no further requirements are imposed on the use of recycled paper as raw material. Because recycled paper may contain NIAS, it is advisable to set specifications for the input, the decontamination process and the final product. For the NVWA’s supervisory tasks, it is essential to have accurate data on the substances present in food contact materials. Analytical screening methods for non-volatile substances should be developed. Research into the application of bioassays could prove useful for assessing the food safety of food contact materials.