Controls on chemicals in food

Food contact materials (FCMs) are materials and articles that are intended to, or can be reasonably expected to, come into contact with food during its production, processing, storage, preparation and serving.

This includes direct or indirect contact through things like:

• packaging, such as cartons, films and trays
• cookware, cutlery and tableware
• work surfaces and utensils
• food processing machinery and equipment

FCMs can be made from a range of materials including plastic, rubber, paper, ceramic, and metal. Chemicals can migrate from these materials into food and drink. The law aims to make sure chemical migration does not pose a risk to human health, or change the taste, smell, nature or quality of the food.

Food contact materials legislation

To ensure food safety, all FCMs must comply with relevant regulations. Northern Ireland businesses must follow EU rules on food contact materials under the Windsor Framework.

EU legislation on FCMs

All FCMs must meet Regulation (EC) No 1935/2004, which sets general safety standards for food contact materials. All FCMs must also follow good manufacturing practices under Regulation (EC) No 2023/2006. In addition to the general legislation, certain FCMs - ceramic materials, regenerated cellulose film, plastics (including recycled plastic), and active and intelligent materials - are covered by specific EU measures. For materials without specific measures like paper, glass, wood, metals, textiles or inks, general safety rules apply.

Northern Ireland legislation on FCMs

In Northern Ireland, the Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012 enforce the EU regulations directly. New or novel substances or processes in FCMs must follow the EU authorisation process.

Great Britain uses assimilated versions of the same regulations and has its own FCM authorisation process, but NI remains fully aligned with EU law. Pre-packaged FCMs authorised in Great Britain can enter Northern Ireland retail via the NI retail movement scheme (NIRMS) with 'Not for EU' labelling.

Steps to comply with food contact materials legislation

If you manufacture, import, process, distribute or use FCMs in food production, processing or packaging, you should:

1. Only use materials that are suitable for food contact and meet relevant legal requirements.
2. Get written declarations of compliance (DoC) from suppliers for all FCMs proving the safety and compliance of the material. This documentation must be available to enforcement authorities upon request.
3. Follow good manufacturing practices when producing, processing or using FCMs.
4. Label FCMs as suitable for food contact if needed. For goods moving from Great Britain to NI retail under the NIRMS, add 'Not for EU' labels where required.
5. Keep records of declarations, tests and supply chain information for at least four years to document good practice.

Labelling of food contact materials

FCMs must be labelled to show they are suitable for food use, unless the purpose is obvious, such as with a knife or plate. Labels must contain the glass and fork symbol or the words 'for food contact'. Include any necessary instructions, for example on maximum temperature or suitable food types like 'not for fatty foods'. You should check supplier DoCs to confirm labelling meets the relevant rules.

What to expect on enforcement

In Northern Ireland, local councils enforce legislation within the Food Standards Agency's (FSA) remit on food contact materials. They do this through inspections, sampling and document checks. If you do not comply, you may get an improvement notice, have products seized or face prosecution. Contact your local council for advice.

The FSA acts as the competent authority in Northern Ireland for handling EU applications and notifications under Commission Regulation 2022/1616 for new or novel recycled plastic processes used in food contact materials. All other FCMs follow direct EU processes under the Windsor Framework.