EU Tightens Recycled Food Packaging Requirements, Authorizes Four New Food-Contact Substances
The European Commission has adopted two regulations updating requirements for plastic food-contact materials (FCMs), including expanded traceability and compliance documentation requirements for recycled plastics and the authorization of four additional substances for use in FCMs.
The regulations amend existing EU legislation governing recycled plastic food packaging and substances authorized for use in plastic materials intended to come into contact with food. The amendments address recycling facility oversight, import controls, chemical migration, and restrictions on certain packaging applications.
EU Expands Traceability, Compliance Requirements for Recycled Food-Contact Plastics
Under Commission Regulation (EU) 2026/2376, the EU has expanded compliance documentation requirements throughout the recycled plastic supply chain, including new obligations for recyclers, converters, and other operators involved in manufacturing and distributing recycled FCMs.
The regulation amends Regulation (EU) 2022/1616, which establishes requirements for recycling technologies, recycling processes, and the manufacture and marketing of recycled plastic FCMs.
Previously, the legislation required recyclers and converters to issue declarations of compliance. The amendments extend these requirements to additional manufacturing stages and introduce two new types of declarations: “Declaration P,” documenting the origin and compliance of plastic inputs before recycling, and “Declaration C,” a simplified declaration for recycled plastic materials and articles for which their composition is not substantially modified during subsequent manufacturing stages.
Food businesses using recycled plastic packaging are exempt from providing declarations to retailers and their distributors under specified conditions, provided that necessary safety instructions and recycled-content information are communicated through labeling or other appropriate documentation. However, they must provide compliance declarations upon request within the applicable deadlines.
The regulation also introduces new import documentation requirements for certain recycled plastic materials and articles, including specified categories of recycled polyethylene terephthalate (PET) and certain recycled plastic kitchenware and tableware. Importers must present the applicable declarations of compliance to customs authorities when requesting release for free circulation in the EU.
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Additionally, the amendments establish more detailed procedures for registering and monitoring recycling facilities through an electronic registration system. The system includes defined statuses for decontamination installations, including active, inactive, suspended, and audit-pending, and establishes procedures for updating registrations and conducting official audits.
The regulation also introduces specific quality criteria for plastic inputs used in post-consumer mechanical PET recycling, including maximum limits verified through testing in accordance with ISO 12418-2:2012 or methods demonstrated to have equivalent or better performance.
To allow operators to adapt, the Commission established transitional deadlines of February 18, 2027, for revised Declarations A and B, and May 18, 2027, for the newly required Declarations P and C, subject to the regulation's transitional conditions.
EU Authorizes Four New Substances for Plastic Food-Contact Materials
Separately, Commission Regulation (EU) 2026/2412 has amended Regulation (EU) No 10/2011 to authorize four additional substances for use in plastic FCMs, following safety assessments by the European Food Safety Authority (EFSA).
The newly authorized substances and their conditions of use include:
- Chopped carbon fibers from carbonized polyacrylonitrile (FCM No. 1086): Authorized as a reinforcing material in polyether ether ketone (PEEK) plastics at concentrations up to 40 percent by weight, provided the fibers meet specified carbon-content and dimensional requirements.
- Uncoated nano precipitated calcium carbonate (FCM No. 1087): Authorized as a filler in plastic FCMs, excluding those intended for contact with infant formula. EFSA concluded that the substance did not raise consumer safety concerns under the assessed conditions but could not conclude on its safety in contact with infant formula. The regulation also identifies a potential risk of exceeding overall migration limits when materials containing the substance contact acidic foods.
- Poly(2-hydroxypropanoic acid), n-octyl/n-decyl esters (FCM No. 1088): Authorized as an additive in polylactic acid (PLA) materials at concentrations up to 15 percent by weight, subject to restrictions on food types, contact duration, temperature, and migration. The authorization excludes PLA containing starch or other additives with similar functions that could increase migration.
- A mixture of 1,9-nonanediamine (NMDA) and 2-methyl-1,8-octanediamine (MODA) (FCM No. 1090): Authorized for use in manufacturing polyamide FCMs, subject to specific migration limits. The mixture is prohibited in materials intended for contact with infant formula or human milk.
EFSA concluded that the four substances did not raise consumer safety concerns under their respective assessed conditions of use. The Commission incorporated restrictions and migration limits into the authorizations to address potential consumer exposure.
