Netherlands Intends to Update Commodities Act Regulation to Limit Phthalates

Enhancing Food Safety Standards

The primary objective of the updated regulation is to ensure that materials and articles intended to come into contact with food are safe for consumers. The NCbvv has evaluated and authorised new substances, ensuring they meet stringent safety criteria. This move aligns with Regulation (EU) No 10/2011, which governs food contact materials across the European Union.

Key Amendments and Technical Changes

The regulation introduces several technical amendments, including the addition of substances to Part A of the Annex. Notably, the specific migration limits (SML) for certain chemicals, such as dibutyl phthalate (DBP) and di-isobutyl phthalate (DIBP), have been adjusted to match EU standards. The SML for these substances is now set at 0.6 mg/kg, expressed as DEHP-equivalents. This adjustment ensures consistency with the European plastics regulation.

Implications for Businesses and Consumers

The updated regulation provides a transition period until 1 January 2026, allowing businesses to adapt to the new requirements. Products compliant with the previous regulation can still be marketed until stocks are depleted. The Dutch Food and Consumer Product Safety Authority (NVWA) has deemed the changes enforceable and fraud-resistant, ensuring continued consumer protection.

Addressing Chemical Risks

The regulation also addresses the release of primary aromatic amines from materials using aromatic isocyanates or diazo coupling dyes. These materials must comply with the requirements set in Annex II, Part 2, of Regulation (EU) No 10/2011. The detection limit for these amines is set at 0.002 mg/kg of food or food simulant, ensuring minimal risk to consumers.