Food constantly comes into contact with many materials and articles. Take, for instance, your own kitchen, where you can find a wide range of different materials and articles: plates, cutlery, spatulas, frying pans, moulds, mixer blades, etc. These materials that come into contact with food are also collectively called Food Contact Materials (FCMs).
1. Food contact materials (FCMs)
Food contact materials are ubiquitous throughout the lifecycle of food products:
- during production (pipes, conveyor belts, machinery, …),
- during storage (storage bins, silos, tanks, ...),
- and via the products' final packaging (jars, boxes, bags, …).
It is therefore essential to ensure that these food contact materials do not pose any health risks and that they do not cause food deterioration through migration of their constituents into or onto the food.
For this reason, FCMs are regulated by a framework of European and national laws.
This legislation can be:
- general in nature and apply to all types of materials, or
- more specific, targeting certain materials (e.g. plastics) or certain substances used in their manufacture (e.g. bisphenol A).
The FASFC is responsible for checking that FCMs comply with the applicable rules.
2. Declaration of compliance (DoC)
A declaration of compliance is required for FCMs placed on the market, to prove that they meet the legal safety requirements. In Belgium, a declaration of compliance is mandatory for all FCMs.
- If a specific piece of legislation requires a declaration of compliance, this declaration must include at least all the information required by the regulation in question.
- In any other case, the declaration of compliance must comply with the provisions of the Royal Decree of 11 May 1992.
More detailed information and examples of declarations of compliance can be found on the web page on FCMs of the FPS Public Health, Food Chain Safety and Environment.
3. Registration requirements
Commission Regulation (EU) 2022/1616 on recycled plastic materials, requires operators to register with the European Commission in order to be included in the Union Register, a public register that holds information on recyclers, recycling installations and recycling processes.
The registration procedure for operators is explained on the website of the FPS Public Health, Food Chain Safety and Environment.
Recyclers also have to register with the FASFC for the activity of Recycler (Activity sheet ACT- 481).
Two other types of FCM-related activities also have to be registered with the FASFC:
- Wholesaler of packaging materials (Activity sheet ACT-101)
- Manufacturer of packaging materials (Activity sheet ACT-102)
The procedures for registering these activities with the FASFC can be found on the following web page.
4. General legislation
European legislation
- Regulatory framework: Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC
- Good manufacturing practices: Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food
Belgian legislation
- Framework legislation: Royal Decree of 11 May 1992 on materials and articles intended to come into contact with food.
5. Specific legislation
European legislation
- Bisphenol A: Commission Regulation (EU) 2024/3190 of 19 December 2024 on the use of bisphenol A (BPA) and other bisphenols and bisphenol derivatives with harmonised classification for specific hazardous properties in certain materials and articles intended to come into contact with food, amending Regulation (EU) No 10/2011 and repealing Regulation (EU) 2018/213
- Ceramics: Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs
- Epoxy derivatives: Commission Regulation (EC) No 1895/2005 of 18 November 2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food
- Active and intelligent materials and articles: Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food
- Plastic materials: Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food
- Recycled plastic materials: Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008
- Regenerated cellulose film: Commission Directive 2007/42/EC of 29 June 2007 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs
- Elastomer or rubber teats and soothers: Commission Directive 93/11/EEC of 15 March 1993 concerning the release of the N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers
Belgian legislation
- Ceramics: Royal Decree of 1 May 2006 on the declaration of compliance and the performance criteria for analytical methods used for ceramic articles intended to come into contact with foodstuffs.
- Metals and alloys: Royal Decree of 17 February 2021 on metal and alloy materials and articles intended to come into contact with food
- Elastomer or rubber teats and soothers: Royal Decree of 27 December 1993 concerning the release of the N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers
- Regenerated cellulose film: Royal Decree of 23 November 2004 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs
- Varnishes and coatings: Royal Decree of 25 September 2016 on varnishes and coatings intended to come into contact with food.
6. Other legislation
European legislation
- Import of polyamide and melamine plastic kitchenware originating in or consigned from the People's Republic of China and Hong Kong Special Administrative Region, China: Commission Regulation (EU) No 284/2011 of 22 March 2011 laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People's Republic of China and Hong Kong Special Administrative Region, China.
7. Other resources
Circulars and FAQs
- Circular on materials and articles intended to come into contact with food (PCCB/S3/520033) (available only in French and Dutch)
- Circular on Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (P.I.M.: Plastic Implementation Measure) (PCCB/S3/662562) (available only in French and Dutch)
- Circular on the implementation of Commission Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with foods (PCCB/S3/1805773) (available only in French and Dutch)
- FAQ (PDF) on materials and articles intended to come into contact with food.
- Ban on certain single-use plastics (PDF)
FPS Public Health, Food Chain Safety and Environment
