EU Proposes Monitoring Measure for BPA, BPS, and other Bisphenols in Food
The European Commission (EC) is working on a proposed Recommendation on monitoring of the presence of bisphenol A (BPA), bisphenol S (BPS), and other bisphenols in food with follow-up investigations to identify the source of their unintentional presence. The proposed recommendation specifies that monitoring should be conducted by Member States with the active involvement of food business operators, as well as food contact business operators.
The EC emphasized in a presentation at the Working Group of the SCoPAFF[1] on food contact materials of February 6-7, 2025 that the aim of this monitoring measure is to investigate levels of BPA and other relevant bisphenols as contaminants in food “and arising through adventitious sources from FCM” and it is not related to enforcement of Commission Regulation (EU) 2024/3190.[2] It would cover all types of food, but notably focus on foods packed in FCMs from recycled materials including paper and paperboard. It is recommended that the monitoring be performed during 2025, 2026, and 2027.
(For more information on Regulation (EU) 2024/3190, see the Packaginglaw.com article, EU Bans BPA and Other Bisphenols in Food-Contact Materials.)
The proposed EC Recommendation specifies that the investigation should only be conducted to identify the source of contamination when the level of BPA or BPS in the food is 0.01 mg/kg (10 µg/kg) or greater (although the method of analysis used for the analysis of BPA and BPS in food and in food contact materials should have a limit of quantification of 1 µg/kg).
According to the proposed Recommendation, “[t]he monitoring and outcome of the investigations will enable to establish the level of BPA that is to be considered as unavoidable presence from sources that cannot be controlled and that is not related to the intentional use of BPA.”
Please note that, to our knowledge, this proposed Recommendation has not yet been finalized and may be further modified before adoption.
[1] Standing Committee on Plants, Animals, Food and Feed. See slide 80.
[2] Commission Regulation (EU) 2024/3190 of 19 December 2024 on the use of bisphenol A (BPA) and other bisphenols and bisphenol derivatives with harmonized 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