Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2/12

2 February 2005

Dear Sirs,

Commercial Information Circular No. 37/2005

European Union (EU)* : Regulation on Materials and Articles Intended to Come into Contact with Food

The European Parliament and the Council of the EU have adopted a Regulation to replace the previous rules on materials and articles intended to come into contact with foodstuffs. The purpose of the Regulation is to ensure the effective functioning of the internal market and secure a high level of protection of human health and consumer interests. Details are set out in Regulation (EC) No. 1935/2004 (the Regulation), a copy of which is attached (pdf format) to this circular for reference.

DETAILS

2. Measures relating to materials and articles intended to come into contact with foodstuffs were last established in 1988. In order to enhance clarity, traceability and information provided to consumers, the Regulation was adopted to modify certain earlier provisions. The new measures have already been put into force (except that specified in sub-paragraph (d) below). Salient points of the Regulation are summarised as follows:
   1. Product scope: The Regulation applies to materials and articles (including active and intelligent food contact materials and articles#) which, in their finished state, are intended to be brought into contact with food, or are already in contact with food and were intended for that purpose, or can reasonably be expected to be brought into contact with food or to transfer their constituents to food under normal or foreseeable conditions of use. Materials and articles which are supplied as antiques, covering or coating materials which form part of the food and may be consumed together, and fixed public or private water supply equipment are excluded.
   2. General requirements: As a general rule, materials and articles, including active and intelligent materials and articles, shall be manufactured in compliance with good manufacturing practice so that, under normal or foreseeable conditions of use, they do not transfer their constituents to food in quantities which could endanger human health, bring about an unacceptable change in the composition of the food or a deterioration in the organoleptic characteristics thereof. The labelling, advertising and presentation of a material or article shall not mislead the consumers. In respect of active and intelligent materials and articles, they should fulfil additional special requirements such as compliance with the relevant Community or national provisions applicable to food and adequate labelling.
   3. Labelling requirements: Materials and articles which are not yet in contact with food when placed on the market should be labelled according to the prescribed labelling rules as detailed in the Regulation.
   4. Traceability requirements: Business operators shall have in place systems and procedures to allow identification of the businesses from which and to which materials or articles and, where appropriate, substances or products covered by this Regulation and its implementing measures used in their manufacture are supplied. That information shall be made available to the competent authorities on demand. The materials and articles which are placed on the Community market shall be identifiable by an appropriate system which allows their traceability by means of labelling or relevant documentation or information. These traceabiliity requirements shall apply from 27 October 2006.

ENQUIRIES

3. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Sandra SOU)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.

# 'Active food contact materials and articles' means materials and articles that are intended to extend the shelf-life or to maintain or improve the condition of packaged food, whilst 'intelligent food contact materials and articles' means materials and articles which monitor the condition of packaged food or the environment surrounding the food.