Belgium, Netherlands to Harmonise National Coatings Legislations

Belgian and Dutch authorities have begun work to harmonise their national legislations on food contact coatings, a recent conference has heard.

Food contact coatings are not specifically regulated at EU level but many member states have national requirements.

The food contact materials (FCM) industry, NGOs and the European Parliament are all pressing for the introduction of EU legislation to harmonise these national rules, and, late last year, the European Commission directorate responsible for food safety, DG Sante, promised to draw up legislation on areas of FCM safety not yet covered by EU law, including coatings.

According to Peter Oldring of coatings manufacturer Valspar, Belgium and the Netherlands have committed to harmonising the conditions for migration included in their laws. "This could be the perfect solution for the can coatings industry," he told last month's Smithers Pira food contact conference in Rome.

The authorities have invited food contact industry associations to a joint meeting to discuss these efforts, Mr Oldring said.

"The Belgians and, to a lesser extent, the Dutch are open to meetings with industry to discuss their proposals as both realise that the experts on the technology are in industry and you can have the most protective legislation in the world, but if it won’t work [in practice], then you have an issue," he told Chemical Watch.

"The viewpoint from industry will not dictate the legislation but is offered as a pragmatic way forward, while protecting the consumer."

The Netherlands is currently revising its Commodities Act (Packaging and Consumer Articles Regulation), including the section on coatings. It has already amended the law's section on technical requirements for FCMs and is next expected to tackle a part concerning non-intentionally added substances (Nias).

Belgium has already published its royal decree on varnishes and coatings, intended to come into contact with foodstuffs. It came into force on 1 January. Mr Oldring said Belgium could either amend its decree, or publish guidance on the expected migration conditions.

Currently, both the Dutch and Belgian laws specify migration in line with the EU Regulation on plastic FCMs, and refer to to the Commission's migration guidelines for these, being drawn up by the Commission's Joint Research Centre.

The guidelines are eagerly awaited by the food packaging industry - but it is worried they will be applied to non-plastic FCMs, such as coatings. If this happens, it says, problems will be created, particularly for high-temperature testing and corrosion, said Mr Oldring, and industry could make "a strong case that the guidelines don't work for anything but plastic".

Meanwhile, he said, non-plastic sectors are developing their own guidelines and are determined to "show where the European Commission's don't work".

European paints and inks trade body, Cepe, has already published a code of practice, which includes the "no migration" principle, whereby substances that are not expected to become a component of food do not have to be cleared for use.

It is promoting the code with member states that already have coatings legislation, or have shown intentions to develop one, Mr Oldring said. The Belgian decree, he added, already includes some of the code's principles.