Department for Environmental Health
Port Health Services in Malta
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Food Contact Materials Introduction Food contact materials are all materials and articles intended to come into contact with foodstuffs, including packaging materials but also cutlery, dishes, processing machines, containers etc. The term also includes materials and articles which are in contact with water intended for human consumption but it does not cover fixed public or private water supply equipment. Contact material is defined in the Food Safety Act 2002 and traders whose commercial operations involve contact material are to register as a Trader with the Food Safety Commission. Legislation Food Contact materials are regulated by Materials in Contact with Foodstuffs Regulations, 2003 (Legal Notice 138 of 2003) as amended by L.N. 57 of 2005, L.N. 291 of 2005, L.N. 338 of 2005, L.N. 226 of 2006 and L.N. 316 of 2006. These Regulations apply to materials and articles which, in their finished state, are intended to be brought into contact with foodstuffs or which are brought into contact with foodstuffs and are intended for that purpose. Covering or coating substances, such as the substances covering cheese rinds, prepared meat products or fruit, which form part of foodstuffs and may be consumed together with those foodstuffs, shall not be subject to these regulations. These regulations apply to materials and articles which are in contact with water which is intended for human consumption. It shall not, however, apply to fixed public or private water supply equipment. The groups of materials and articles listed in the First Schedule and, where appropriate, combinations of these materials and articles shall be subject to the specific provisions. FIRST SCHEDULE List of groups of materials and articles covered by specific measures
Materials and articles for which no applicable specific provisions have as yet been laid down shall comply with internationally recognized standards, in particular those issued by the Council of Europe under the framework of the Partial Agreement in the Social and Public Health Field. On 13 November 2004 the new Framework Regulation on materials and articles intended for food contact was published in the Official Journal. The Framework Regulation (EC) 1935/2004 (L338/4) states that food contact materials shall be safe. They shall not transfer their components into the food in quantities that could endanger human health, change the composition of the food in an unacceptable way or deteriorate the taste and odour of foodstuffs. The Regulation also includes the following provisions : ? If an article is intended for food contact it shall be labelled for food contact or bear the symbol with a glass and fork. In cases where the intention for food contact is obvious by the nature of the article e.g. knife, fork, wine glass, this labelling is not obligatory. ? Labelling, advertising and presentation of food contact materials shall not mislead the consumer. The Regulation establishes 17 groups of materials and articles which may be covered by specific measures:
Up to now specific measures exist for ceramics, regenerated cellulose and plastics.
On active and intelligent packaging the Regulation includes definitions and it specifies that these materials and articles may induce changes in the foodstuff, only, if the food then still complies with the Community provisions applicable to food such as those on food additives. These materials and articles shall especially not be used to mask spoilage of the food and shall not mislead the consumer.
Leaflet - Materials in Contact with Foodstuffs, Legal Obligations, An Overview
References: European Commission website > Food and Food Safety > Food Contact Materials Materials in Contact with Foodstuffs Regulations, 2003 (Legal Notice 138 of 2003) Food Contact materials originating from third countries Registered Traders are to submit a copy of the invoice and a declaration by the manufacturer that the contact material as declared on the invoice complies with Regulation (EC) 1935 of 2004. Food Contact materials originating from member statesRegistered Traders are to follow the same procedure of notification as in the case of food.
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