New rules from October 10

The European Commission has adopted new rules on the safety of FCMs (food contact materials) made from recycled plastic, entering into force on October 10.

The reference text is Regulation (EU) No 2022/1616, published in the Official Journal of the European Union L243 of September 20, 2022. This measure repeals and replaces Regulation (EC) No 282/2008, with the aim of ensuring that recycled plastic is used safely in food packaging.

Scope of application

The new regulation governs:

• the placing on the market of FCMs containing recycled plastic derived from waste or manufactured from waste;
• the development and implementation of recycling technologies, processes and facilities (including chemical recycling) to produce recycled plastic for FCMs;
• the use of recycled plastic FCMs, as well as plastic FCMs intended to be recycled.

The text also establishes a public register of recycling processes, recyclers and recycling facilities falling under the scope of the regulation.

PET and mandatory certifications

With regard to PET (polyethylene terephthalate), one of the most widely used materials in food contact, approval from EFSA will be required from July 2023.

Furthermore, starting in 2024, plastic collection and pre-processing systems will need to be certified by a third party to ensure quality.

Opportunities and risks

The use of recycled plastic in food contact applications helps reduce the production of new plastics. On this, EU Commissioner for Health and Food Safety Stella Kyriakides stated: “Around 50% of plastic packaging is used for food purposes. We must ensure the sector transitions to safer and more efficient production. To do this, we need to use more recycled plastic.”

The Commission’s decision will likely spark debate, given potential risks associated with recycled PET (rPET), such as the release of potentially harmful substances compared with virgin PET, as highlighted in a Journal of Hazardous Materials study, Vol. 430, published May 15, 2022.

Nevertheless, the measure marks a historic milestone in tackling plastic waste and promoting the reuse of plastics at the end of their useful life cycle.

Carmine F. Milone

Sources
Official Journal EU L243/2022
Regulation (EU) 2022/1616
Regulation (EC) 282/2008
Journal of Hazardous Materials, 2022