Food contact materials, tableware and packaging

• Regulation (EC) No 1935/2004 — Framework on food contact materials
• Regulation (EU) No 10/2011 — Plastic materials
• Regulation (EC) No 2023/2006 — Good manufacturing practice
• Regulation (EU) 2023/988 — GPSR

Who has to appoint one

Anyone placing articles intended to come into contact with food on the EU market: kitchenware, tableware, cutlery, food packaging, bottles, coffee capsules, cling film, baking moulds and processing equipment. Under the framework Regulation every business in the chain must be traceable, and for third-country sellers an operator established in the Union must be identifiable.

Thresholds and exemptions

None. The regime applies to articles intended for food contact, articles reasonably expected to be brought into contact with food, and articles from which constituents may transfer to food.

What must appear on the label

The words 'for food contact', the glass-and-fork symbol, or a specific indication of use such as 'coffee machine'. The name or trade name and address of the manufacturer, processor or seller established in the Union. Traceability marking allowing the batch to be identified. Special instructions for safe use where relevant, for example maximum temperature, microwave suitability or 'not for use with acidic foods'.

Marketplace fields

Marketplaces increasingly request the declaration of compliance as a document rather than accepting the responsible person field alone, and bamboo-melamine composite products are removed on sight because they are prohibited in the Union.

Documentation you must hold

A declaration of compliance, which is a mandatory document accompanying the article at every stage except retail, stating the Regulation applied, the substances used with restrictions, the food types and conditions of use tested, and the migration results. Supporting documentation held by the operator: migration test reports, the composition of each layer, information on dual-use additives, and evidence of good manufacturing practice. Traceability records through the whole supply chain.

Standards and testing

Overall migration testing against the 10 mg/dm² limit and specific migration testing for individual substances against their limits, using the food simulants and time-temperature conditions matching the intended use. Repeated-use articles are tested three times, with the third result being decisive. For ceramics and glass, lead and cadmium release testing. For printed articles, testing for set-off of printing inks.

Language requirements

Labelling and instructions for use in the language of each member state where the article is marketed. The declaration of compliance is a business-to-business document and travels in a language agreed between the parties, but authorities may require it in the national language.

When it applies

Before placing on the market. Consignments from certain third countries face reinforced import controls under Regulation 2019/1793 and are tested at the border, which means documentation must accompany the shipment, not follow it.

How long records are kept

Documentation supporting the declaration of compliance for as long as the article is on the market and afterwards per national law, in practice ten years, together with traceability records.

What happens if you do not comply

Border rejection under reinforced controls, which is frequent for kitchenware from certain origins. Withdrawal and recall, destruction of stock, Safety Gate alerts, and national fines. Food contact enforcement is handled by food safety authorities, which move faster and with fewer warnings than consumer product authorities.

Who enforces it

National food safety authorities, border control posts operating reinforced import checks, and market surveillance for the general product safety aspects.

Where the boundary lies

Bamboo, hemp and similar plant-fibre composites bound with melamine are not authorised for food contact in the Union and are removed from the market on discovery, however they are marketed as eco-friendly. A product presented as decorative but obviously usable for food — a ceramic bowl, a wooden board — is treated as food contact material. Printed packaging brings ink set-off into scope, and recycled plastic requires an authorised recycling process under Regulation 2022/1616.

Questions we are asked

Is a declaration of compliance the same as a test report?

No. The declaration is your legal statement of compliance; the migration test reports are the evidence behind it. Authorities ask for the declaration first and the evidence immediately afterwards.

Our supplier gave us a Chinese test report — is that enough?

Only if it tested against the EU limits, simulants and conditions of use. Reports against GB standards do not demonstrate EU compliance.

Are wooden boards and bamboo cutlery allowed?

Wood and bamboo as such are not harmonised at EU level and follow national rules. What is prohibited is the melamine-bound bamboo composite, which is a different material despite the marketing.