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The new EU Regulation on recycled plastics for food contact applications

New regulations on the use of recycled plastics in food contact materials and their effect on producers.
Latest info

The European Commission recently adopted on 15 September 2022 the new regulation on recycled plastic materials and articles intended to come into contact with food. The date for entering into force of this new EU regulation is 10 October 2022. 

This new EU regulation repeals the previous Regulation (EC) No 282/2008 on the same matter, making it no longer possible to use recycled plastic Food Contact Materials (FCM) under a given EU Member State national legislation. 

The new rules are directly applicable to companies before placing food contact plastic with recycled content on the market. This regulation covers collection and sorting of the plastic input, the decontamination, and conversion and also has a direct impact onto quality control, documentation, and labelling. 

A Union register including the recyclers and recycling installations is to be established under this new EU regulation; this register will be made publically available on the European Commission (EC) website.  As a result of this new EU regulation, the recyclers are strongly encouraged to register recycling installations and recycling schemes without delay.

All types (i.e., mechanical, chemical and hybrid) of recycled plastic and recycling technologies are in the scope of this new regulation, including recycling of products from a closed and controlled product chain, as well as the use of recycled plastic behind a functional barrier. Furthermore, a set of specific rules to be applied to novel recycling technologies and the evaluation of recycling processes are applicable through this new EU regulation. 

Starting on 10 July 2023, mechanical recycling processes applied to post – consumer polyethylene terephthalate (PET) may not be used to place recycled food contact plastic on the market without a prior EU authorization. Such recycling processes must first receive a positive Scientific Opinion from the European Food Safety Authority (EFSA) followed by an EU authorization from the European Commission.  Additionally, from 10 July 2023 onwards, only food contact plastics which contain recycled plastic manufactured using a suitable recycling technology can be placed on the EU market, unless this plastic is manufactured using a novel recycling technology and is in accordance with Chapter IV of this new EU regulation.

Our experienced Food & Food Contact Materials Team can help you to register recycling installations and recycling schemes as well as to prepare authorization dossiers for your recycling processes for plastics intended to be used in food contact applications in the EU. 

Please contact the knoell FFCM team or read more on the regulatory requirements of food contact materials.