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Legislation for allergens in food contact materials? Here's the latest

Cross-contamination through raw materials and processes often leads to difficult issues for producers. Recently, the Celiac Association put a new concern on the agenda during the "Regular Consultation on Commodities Act. The association states that some celiacs are at risk when using certain degradable food contact materials. What about cross-contamination via food contact materials?

For food products, the rules around allergens are laid down by law in Regulation 1169/2011. This Regulation lists the 14 allergens that producers must inform consumers about. According to the Celiac Disease Association, however, there is no clear legal framework for allergens that enter foodstuffs through food contact materials, even though these too can pose a risk. The association brought this problem to the attention of the Regulier Overleg Warenwet (ROW), as well as the industry associations FNLI and Fooddrink Europe.

Sustainable packaging: degradable food contact materials

Because of environmental concerns, many manufacturers are currently seeking innovative sustainable materials for packaging and disposable tableware to replace plastic. People are increasingly opting for plant-based alternatives. Some such packaging and tableware are made from grains that contain the allergen gluten.

The Association of European Coeliac Societies (AOECS) recently hosted a webinar on the shortcomings in current legislation for food contact materials related to allergens. During the webinar, the AOECS presented three European studies showing migration of gluten from biodegradable packaging and tableware made from gluten-containing grains, into non-gluten-containing foods.

To illustrate, one of these studies tested the migration of a biodegradable plate - bran-based - to cheese and gluten-free lasagna. Both products initially had a gluten content of less than 5mg/kg. After these products spent 30 minutes on the biodegradable plate, the cheese contained 45mg/kg and the lasagna contained 80mg/kg of gluten. In comparison, the limit of 20 mg/kg is used for the claim "gluten-free. The other two studies had similar results.

Current legislation

According to the Ministry of Health, Welfare and Sport (VWS), the release of allergens through food contact materials is covered by current legislation. For example, Article 3 of Regulation (EC) No. 1935/2004 states that "food contact materials must not release constituents that may be hazardous to human health and the labeling and presentation must not mislead the consumer.

Since the use of bioplastics is currently emerging, the AOECS sees this as a good time to introduce more specific legislation to protect people with celiac disease and other food hypersensitivities. The AOECS would like to see Europe require manufacturers to declare the composition of food contact materials. In this way, the position of celiacs and other allergy sufferers can be strengthened.

And now?

It was discussed during the ROW that most producers are primarily focused on innovation and sustainability. They probably do not realize that these materials may pose a risk to certain groups. However, it is important for manufacturers of these packaging and tableware to properly communicate the risks to the customer. Otherwise, they may not be used in the hospitality industry, for example.

For now, it was announced that this issue will be further discussed at the ROW/DCL meetings and that industry organizations NRK Packaging, Verpact and KIDV should be involved in this issue. This issue will also be included as a side effect in the evaluation of regulations around disposable plastic.

Want to know more about food contact materials?

Attend our food contact materials training or contact us at info@precongroup.com or +31 30 65 66 010.

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