Technology and Trade Ice Breaking and Fence Building | EU bans plastic food contact materials and products containing bamboo fiber from entering the market

Contributors: International Inspection and Quarantine Standards and Technical Regulations Research Center of the General Administration of Customs (and the WTO/TBT-SPS National Notification and Consultation Center of the People’s Republic of China), Jinan Customs 

　　On May 28, 2021, the European Commission officially announced that it will assist EU member states in launching a mandatory law enforcement program to stop unauthorized food contact plastic materials and products containing bamboo fiber from being sold on the market
.

　　Background of the new regulations

 

　　Since June 2019, the EU Food Contact Material Expert Working Group has conducted a special discussion on whether (EU) No 10/2011 Plastic Materials and Products Regulation FCM No 96 permits the use of bamboo powder as an additive
.
In November 2019, the European Food Safety Agency (EFSA) issued the latest safety assessment scientific opinion, pointing out that the current authorization of "untreated wood flour and fiber" (FCM No 96) lacks its compliance with Regulation (EC) No 1935/2004 Sufficient information to support the need to assess the safety of migration from these materials on a case-by-case basis
.
In August 2020, the European Commission Food Contact Material Expert Working Group clearly pointed out that (EU) No 10/2011 does not permit shredded bamboo, bamboo powder, corn starch and other similar substances to be used as additives in plastic materials and products
.
In February 2021, the Benelux Economic Union issued a joint letter requesting the withdrawal of bamboo fiber-containing melamine-formaldehyde plastic products from the EU market
.
In May 2021, the European Commission officially announced that it will assist EU member states in launching a mandatory law enforcement program to stop the sale of unauthorized bamboo fiber-containing food contact plastic materials and products on the market
.

 

　　Food contact plastics containing plant-based additives that do not comply with EU regulations will be rejected by the border and prohibited from entering the EU market; taxes levied on misdeclared plastic products will be recovered
.

 

　　Specific requirements of the new regulations

 

　　Bamboo powder and similar natural substances are used as additives for plastic materials and products.
According to Articles 9-11 of Regulation (EC) No 1935/2004, an application for authorization of additives in plastic materials is required; products must also meet (EC) No 1935/2004 The general requirements for food contact materials and products in China and (EC) 2023/2006 are produced under good manufacturing practices
.

 

　　Customs reminder

 

　　After the implementation of the EU mandatory plan, the EU market has strengthened the review of domestic plant fiber plastic food contact materials and products, and notified many recall cases of plant fiber food contact plastic products
.

 

　　The mandatory plan adopted by the European Union this time has a significant impact on relevant export companies in China.
Companies should pay attention to suspending relevant export plans to the EU to avoid risks such as delisting and recalls
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If you want to enter the EU market in the future, you must pass the EU new product declaration before it can be used in compliance
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　　common problem

 

　　1 Are pure bamboo products included in the EU ban plan?

 

　　Food contact materials and products made of 100% bamboo or plant materials themselves are not affected by this new regulation, and can be legally marketed after meeting the general requirements of EU food grade and national legislation
.

 

　　2 The manufacturer has issued (EU) No 10/2011 compliance test report.
Can food contact plastic materials and products containing plant fiber be exported to the EU?

 

　　Can't
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Such products may have been tested to verify that they meet certain migration restrictions, such as the migration of formaldehyde and melamine
.
However, EU officials still believe that it is illegal for such products to contain unauthorized bamboo fiber and other plant fibers
.