The old Directive 2002/72/EC is replaced by the Regulation which signals a new approach to packaging food with plastics.
The EU recognises that food wrapping technology is moving very fast, and has set up a process to allow the EU to keep up with technology rather than being a brake on progress.
There is now one unified list of EU permitted substances, and a process for new substances to be added to the list. Similarly there is a list of EU permitted additives, and a process for new additives. The migration testing methods are set out in much more detail. The emphasis is now on migration related to volume of food rather than surface area of material.
The responsibility is always on the producer to be able to demonstrate that whatever technology the producer uses is safe.
In many areas the EU legislation is well behind the technology, so national legislation is encouraged.
Ion exchange resins, rubbers and silicones are still covered by Regulation (EC) 1935/2004. EU nanotechnology approvals are still on a case by case basis.
It will take the EU some years to catch up, but the EU is now headed in the right direction.
It is easy to criticise the EU, but they deserve credit for recognising they need to treat the food packaging industry as honest adults.
It is right to put the ultimate responsibility on the packagers, because the packagers control the process. And in return the EU is using its best efforts to maintain a level playing field and to encourage packaging innovation.
The EU is an accelerator of progress in terms of reducing packaging weight. It is trying not to be a brake on packaging innovation.
The entire regulation can be downloaded from www.contentpublications.com.
Charles James is author of Guide to Packaging and Labelling Law 2011.
Commission Regulation (EU) 10/2011 on Plastic Materials
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