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The European Union Proposes Extending BPA Ban to Polycarbonate Sippy Cups/Bottles

September 29, 2017

The European Commission (EC) has again revised its draft Regulation (EU) on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials. The most significant revision is an extension of the ban on the use of bisphenol A (BPA) in polycarbonate infant feeding bottles to include polycarbonate drinking cups and bottles intended for use by infants and young children.

Another noteworthy change is the provision including a non-detect limit for the migration of BPA from plastic materials and articles specifically intended to be brought into contact with food for infants and young children (included in the previous draft) has been removed.  However, this latter provision has been maintained for varnishes and coatings.  (For more information on the Non-detect limit, see the PackagingLaw.com article, The European Union Proposes Further Restrictions on BPA Use). 

A further revision to the draft regulation is the removal of the requirement to provide the identity of the laboratory responsible for testing in the declaration of compliance for varnished or coated materials and articles.  It is noteworthy that during the public consultation, the EC received feedback from several trade associations requesting the deletion of this latter requirement.

An addendum to the regulation concerning the revised draft BPA Regulation and corresponding Annexes was notified to the World Trade Organization (WTO) on September 27, 2017. Comments on the notification are due by November 25, 2017.