In the News
Regulation of Pigments and Dyes Intended for Use in Food Contact Plastics in France
Jul 16, 2009
French authorities have indicated that it is unlikely that draft legislation intended to regulate the use of pigments and dyes in plastic food packaging materials will become final. France provided a notice of a draft Order "on the coloring of plastic materials and articles, varnishes and coatings intended to come into contact with foodstuffs, food products and drinks for human and animal consumption" to the European Commission (EC) in 2004. Section A of Annex I of this draft Order sets out a positive list of pigments and dyes, while Section B of Annex I contains a provisional list of pigments and dyes permitted for use in France (to be authorized for four years from the date of publication of the Order) for use in plastics, varnishes, and coatings for food contact.
The French authorities believe that it would now be more appropriate for such a measure be adopted at the European Union (EU) level. Nonetheless, the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) recommends that business operators manufacturing or marketing their products in France refer to the draft Order when evaluating whether pigments and dyes, or varnishes and coatings used in their plastic food contact materials and articles meet the safety requirements of Article 3, section 1 (a) of the Framework Regulation (EC) 1935/2004 on materials and articles intended to come into contact with food. Because the provisional list of substances set out in Section B of Annex I is expected to be evaluated in the context of the REACH (Registration, Evaluation, Authorisation and restriction of CHemicals) legislation, the DGCCRF plans to consider the outcome of the REACH evaluations rather than arranging for duplicate evaluations of these substances to be conducted for food contact applications. The DGCCRF may issue specific measures based on these evaluation results, if necessary.
Another draft Order that was sent to the Commission in parallel with the colorents legislative measure is "on files accompanying requests for authorization of the use of pigments and colourings in plastic materials and articles, varnishes and coatings in contact or intended to come into contact with foodstuffs, food products and drinks for human and animal consumption." The French authorities are, however, currently in the process of finalizing another draft Order that was sent to the Commission to be published in the form of guidelines and this draft will assist business operators in making safety determinations for their products. This draft text may also be used by operators who wish to submit a petition to the DGCCRF to obtain a formal authorization for the use of pigments and dyes.