Specifically, FSA is seeking views on the proposed implementation of a ban on BPA, other bisphenols, and derivatives in FCMs. The agency proposes three policy options, with a preference for Policy Option 3:

• Policy Option 1: Allow the continued use of BPA and its analogues in FCMs, maintaining the status quo
• Policy Option 2: Prohibit the use of BPA in FCMs but allow the continued use of structurally similar analogues, such as Bisphenol S (BPS) and Bisphenol F (BPF)
• Policy Option 3: Prohibit BPA and structurally similar analogues in food contact materials.

Policy Option 3 would provide the strongest protection for public health and consumer confidence, implementing a precautionary principle approach. It would also align with the precautionary regulatory approaches taken in other jurisdictions, such as the EU and Canada, supporting global trade. For example, in December 2024, the EU officially adopted a ban on the use of BPA and is analogues in FCMs, allowing an 18-month transition period for industry.

The drawback of Policy Option 3 would be the more rigorous policymaking process and transitional arrangements required to implement the ban.

FSA is most in favor of Policy Option 3, which would align UK law with EU regulations, including similar transitional periods. If proposed Policy Option 3 were to be implemented, with an expected entry into force of mid- to late 2026, compliance deadlines would be as follows:

• July 20, 2026: Single-use FCMs manufactured with BPA
• January 20, 2028: Single-use FCMs used to preserve fruits, vegetables, or fishery products
• January 20, 2028: Single-use FCMs with BPA-based coatings applied only to the exterior metal surface
• January 20, 2029: Repeat-use FCMs manufactured with BPA, including equipment used in food production.

The proposal allows for select few exceptions. For example, in critical filtration systems (e.g., for dairy and beverages) where BPA-free alternatives are not yet feasible, BPA may be used as a monomer or starting substance, but migration must be undetectable, and final articles must be cleaned and flushed before food contact. BPA may also be used in varnishes or coatings for industrial-scale tanks (with a capacity greater than 1,000 liters) used in food processing, where replacement would be economically and logistically burdensome.

In addition to the benefits of aligning with EU law, FSA is recommending Policy Option 3, which follows the precautionary principle, as scientific evidence indicates that BPA poses potential human health risks, such as endocrine disruption and reproductive toxicity.