EU – Regulations on the use of BPA in food contact materials and products

Vol. 1448 | 07 Jan 2025

EU Bans Bisphenol A in Food Contact Materials

The European Commission published Commission Regulation (EU) 2024/3190 on 31 December 2025, addressing the use of bisphenol A (BPA) in food contact materials and products.

Scope of the Regulations

Commission Regulation (EU) 2024/3190 applies to materials and articles that come into contact with food. These include varnishes, coatings, plastics, and other items where bisphenols and their derivatives may be present. The regulation specifically targets substances classified as hazardous under harmonized EU standards, particularly bisphenol A (BPA), due to its endocrine-disrupting properties and potential health risks. The regulation builds on and amends the earlier Regulation (EU) No 10/2011 and repeals Regulation (EU) 2018/213 to provide a more comprehensive and updated framework.

Requirements

The regulation prohibits the use of BPA and its salts in the production and marketing of food contact materials and articles. This ban encompasses the following materials:

• Adhesives
• Rubbers
• Ion-exchange resins
• Plastics
• Printing inks
• Silicones
• Varnishes and coatings

However, BPA and its salts can be used in the production of food contact materials under specific conditions outlined in Annex II, which apply to plastics, varnishes, and coatings. These restrictions include:

• Migration of BPA into food must be undetectable.
• Final food contact articles must be cleaned and flushed before their first use in contact with food.

Additionally, the manufacture of food contact materials and articles using other hazardous bisphenols is prohibited unless they meet the same restrictions.

Business operators are required to prepare a Declaration of Compliance (DoC) containing:

• The identity, address, and contact details of the operator issuing the declaration.
• The identity, address, and contact details of the manufacturer or importer.
• Identification of the food contact material or article, including intermediate and final products.
• The date of the declaration.
• A list of bisphenols or their derivatives used in manufacturing the product.
• A statement confirming compliance with this Regulation and EU Food Contact Materials and Articles Regulation.

Under the Plastic Food Contact Materials and Articles Regulation (EU) No 10/2011, the substances 2,2-bis(4-hydroxyphenyl)propane (entry 151) and 4,4’-dihydroxydiphenyl sulphone (entry 154) have been removed from Table 1 in Annex I.

Transitional Period

Single-use food contact articles containing BPA that do not comply with this Regulation may remain on the market until July 20, 2026.

Repeat-use final food contact articles manufactured using BPA that do not comply with this Regulation may be first placed on the market until 20 July 2026. The products may remain on the market until 20 January 2029.

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