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Draft European Commission Proposal May Significantly Impact Plastic Food-Contact Materials

Yesterday, the European Commission (EC) released draft text for the 18th amendment to the Plastics Regulation, (EU) No 10/2011 on the Public Consultations website of the European Commission. The draft amendment proposes additional requirements that represent a serious challenge to the continued compliance and marketing of plastic food-contact materials in Europe. Keller and Heckman is working on developing an industry response to the Commission Proposal. The amendment is open for comments until April 15, 2024. Join us, in conjunction with the Plastics Industry Association, for a complimentary webinar focusing on the EC’s released draft text on Thursday, March 21, 2024, at 9:00 am EDT. Click here for more information and to register.

The European Commission (EC) announcement of the draft amendment indicates that the Regulation aims to increase quality control under the Plastics Regulation by: (1) ensuring alignment with other regulations, (2) introducing purity requirements for substances obtained from waste and natural materials; and (3) adapting migration testing of multi-layer materials and repeat testing.

Of central importance are new “quality control” requirements proposed in the amendment, which would amend Article 8 and add a new Article 3(a) to the Plastics Regulation. The proposed requirements would affect all substances, not only those obtained from waste or from natural origin. Should these amendments be adopted and incorporated into the Plastics Regulation, all starting materials used in the production of plastic materials and articles would be subjected to extremely severe purity requirements. During the webinar we will discuss the difficulties that this amendment will cause raw material suppliers when assessing their products under the proposed stringent quality requirements. This amendment may create significant obstacles on the continued use of plastics in food-contact applications in Europe.  

Keller and Heckman, in conjunction with the Plastics Industry Association, will host Proposed Challenges and Threats to Plastic Food-Contact Materials in Europe a complimentary webinar on Thursday, March 21st, at 9:00 AM (Eastern). This webinar will review the commercial and legal implications of the Commission’s proposal and suggest how business operators may react. It will also address a number of important questions concerning the legal basis and proportionality of the Commission proposal. 

To contact a Keller and Heckman Food Packaging attorney about the European Commission’s release of draft text for the 18th amendment to the Plastics Regulation, (EU) No 10/2011 or any other packaging related matters, click here