Green Circle Talks About Cross-border]-EU Food Contact Material Compliance Interpretation

I. Background:

The European Union Regulation (EC) No. 1935/2004 is an important regulation on food contact materials, which aims to ensure the effective functioning of the internal market of the European Union with regard to the placing on the market of materials and articles which come into direct or indirect contact with foodstuffs, while providing a basis for ensuring a high level of protection of human health and the interests of consumers. The aim of the regulation is to ensure that food contact materials do not pose a risk to human health, while at the same time protecting the interests of consumers and ensuring the proper functioning of the food market.

II. Policy:
Traders need to be aware of and comply with the requirements of the Framework Regulations (EC) No 1935/2004 and (EC) No 2023/2006 on Good Manufacturing Practice (GMP), as well as the requirements for materials such as recycled cellulose membranes, ceramics, plastic materials, etc. The trader needs to be aware of and comply with these regulations to ensure that their products are sold in a compliant manner. Traders need to comply with these regulations to ensure that their products are sold in the EU market.
TEMU reserves the right to take a series of measures against non-compliant products, including but not limited to actively responding to the requirements of the regulatory authorities, issuing risk alerts to buyers, removing the products from the shelves, and notifying buyers or other relevant parties to destroy/return the products.

III. Compliance guidelines:
In order to ensure the health of consumers, traders must comply with the European Union Regulation (EC) No. 1935/2004 and the regulations set by the European Directorate for the Quality of Medicines and Healthcare (EDQM) when using any materials or articles that come into contact with food. These standards aim to ensure the safety and compliance of food contact materials to prevent any adverse effects on food quality and consumer health. Traders need to strictly follow these regulations and standards to ensure that the materials used do not produce harmful substances to food.
Specific requirements:
1、Applicable scope and corresponding standards
Applies to active and smart food contact materials and articles, including those intended to come into contact with food, have come into contact with food and are intended to continue to be used for that purpose, or are likely to come into contact with food or migrate constituents into food under normal or foreseeable conditions of use.
(EC) No. 1935/2004 regulates materials as follows:
- Active Smart Materials and Products
- Adhesives
- ceramics
- Softwood
- Rubber
- glass
- Ion exchange resin
- Metals and Alloys
- Paper and cardboard
- plastics
- Printing Inks
- Regenerated Fiber
- Organic Silicon
- Textiles
- Varnishes and Coatings
- wax
- Wood
Some material correspondences are subject to regulatory compliance (including but not limited to):
- Textile Active and Smart Materials and Articles (EC) No 1895/2005
- Ceramics 84/500/EEC, 2005/31/EC
- Softwood AP (2004)2
- Rubber AP (2004)4
- Glass 84/500/EEC, 2005/31/EC
- Ion Exchange Resin AP (2004) 3
- Metals and Alloys CM/Res(2013)9
- Paper and cardboard AP(2002)1
- Plastics No. 10/2011, (EU) No. 2022/1616
- Printing Inks AP (2004) 1
- Recycled fiber 2007/42/EC
- Organic Silicon AP(2004)5
- Timber AP (2004)2

2. Labeling and information requirements:
Merchandise containing regulated materials must provide accurate and legible labeling and information, including material composition, use restrictions, and applicable food types. Specific labeling requirements are listed below:
(1) Materials and objects should be accompanied by clearly visible and indelible markings, including:
a. Words or symbols labeled "for food contact" or specifying their use;
b. If necessary, provide special instructions for safety and proper use;
c. the name or trade name of the manufacturer, processor or seller, and his address or registered office;
d. Adequate labeling or marking to ensure traceability of materials or items;
e. For active materials and articles, information on permitted uses and other relevant information, such as the name and quantity of the substance(s) released from the active ingredient(s). The words "Suitable for Food Contact" or the indication of a specific use, or a symbol;
② The information referred to in paragraph 1(a) is not mandatory for articles which, because of their characteristics, are clearly intended to come into contact with food.
(iii) Marking information should be distinct, legible and indelible.
④If labeling information in easily understood language is not provided at the retail stage, retail trade of materials and articles will be prohibited.
⑤ Member States may require labeling information in one or more official languages determined by them for materials and articles sold in their markets.
⑥Labeling information can be indicated in multiple languages.
(vii) At the retail stage, the labeling information should be displayed on the materials and articles, on the packaging, on the label, or in close proximity to the materials and articles, and be clearly visible to the purchaser.
(viii) At the stage of sale other than the retail stage, the labeling information should be displayed on accompanying documents, labels or packaging, as well as on the materials and articles themselves.
⑨ The labeling information provided applies only to materials and articles that comply with the relevant standards and specific measures, or with the national regulations applicable to them.

The EU member states recognize the framework law on food contact materials (EC) No. 1935/2004, and some member states, such as France and Germany, have enacted additional official regulations to strengthen the control of food contact materials.
(i) France:
In terms of food contact materials, products destined for France need to comply with the requirements of the Regulation (EC) No 1935/2004 of the European Union, in addition to the requirements of the local French regulations, including the French DGCCRF 2004-64 and the French Décret no 92-631.
According to the French DGCCRF 2004-64, there are special requirements not only for plastic and rubber products in contact with food, but also for metal products. For example, for cookware with organic coating, apart from testing the surface of the coating, there are also requirements for the metal used as the base material. Test items include total migration, specific migration of specific substances, transferable or volatile organic compounds, oxidation value and precipitable heavy metals.
For more details, please refer to
Regulation of the French Directorate General for Competition, Consumer Affairs and Fraud Control on materials in contact with foodstuffs: Regulation of the French DGCCRF on materials in contact with foodstuffs
French Decree No. 92-631 concerning materials and objects in contact with food, products and beverages consumed by humans or animals: Décret no 92-631
(ii) Germany:
According to the German Food and Feed Codex (LFGB), there are also specific requirements for food contact materials destined for Germany, which include sensory evaluation of odor and taste transfer, general migration, specific migration of a particular substance, testing for composition and precipitable heavy metals, testing for transferable or volatile organic compounds, and testing for chemical hazardous substances according to the German Chemical Act.

It should be noted that the above is only a brief description of the general requirements of the DGCCRF (France) and the LFGB (Germany) for food contact materials. Specific standard requirements may vary depending on the type of product, application and other factors.
Therefore, it is necessary to carefully read and comply with all relevant regulations before selling to the EU market to ensure that the products comply with all relevant regulations and standards.