EU – Issuance of Amendments to Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food and to Regulation (EU) 2024/3190 on the use of BPA and Other Bisphenols in Food Contact Materials and Articles

On February 2, 2026, the European Commission published two amendments concerning food contact materials:

• (EU) 2026/245: Amending Annex I Positive List of Regulation (EU) No 10/2011
• (EU) 2026/250: Amending Regulation (EU) 2024/3190 on the use of BPA and Other Bisphenols in Food Contact Materials and Articles

Both amendments will enter into force on the twentieth day following their publication (i.e., February 22, 2026).

The following are the main contents of the two amendments:

• (EU) 2026/245: Amending Annex I Positive List of Regulation (EU) No 10/2011（Click to download）

  Annex I to Regulation (EU) No 10/2011 is amended as follows, amended 1 substance and added 6 new substances:

  1、 Amended 1 substance as follows: Modified “substance name” and “restrictions and specifications”.

  FCM substance No	CAS No	Substance name	Use as additive or polymer production aid (yes/no)	Use as monomer or other starting substance or macromolecule obtained from microbial fermentation (yes/no)	Restrictions and specifications
  768	0143925-92-2	amines, di-C14-C20-alkyl, oxidised, from hydrogenated tallow	yes	no	Only to be used in contact with non-fatty foods: (a) at 0.1%w/w in polyolefins (b) at 0.25%w/w in PET’

  2、 Added 6 new substances as follows:

  FCM substance No	CAS No	Substance name	Use as additive or polymer production aid (yes/no)	Use as monomer or other starting substance or macromolecule obtained from microbial fermentation (yes/no)	Restrictions and specifications
  1084	1821217-71-3	phosphorous acid, triphenyl ester, polymer with 1,4-cyclohexane dimethanol and polypropylene glycol, C10-16 alkyl esters	yes	no	Only to be used as an additive at up to 0.15%w/w in polyolefins intended for contact with food at room temperature and below, including hot-fill and/or heating up to 100 °C for up to 2 hours. Not to be used in the manufacture of articles intended for contact with infant formula, and human milk. The fraction with a molecular weight below 1000 Da shall not exceed 13%w/w of the substance. The SML:5mg/kg applies to the total of phosphite and phosphate species.
  1089	81607-35-4	calcium tert-butylphos phonate	yes	no	Only to be used as a nucleating agent at up to 0.15%w/w in polyolefins intended for contact with food at room temperature and below, including temperatures up to100°C for maximum 2 hours and up to 130°C for less than 15 minutes. Not to be used in materials and articles intended for contact with infant formula, and human milk.
  1092	1801863-42-2	amines, di-C14-C20-alkyl, oxidised, from hydrogenated vegetable oil	yes	no	Only to be used as an additive at up to 0.1%w/w in polyolefins, which are to be used only in contact with non-fatty foods at room temperature and below, including hot-fill and/or heating up to 100 °C for up to 2 hours. Not to be used in the manufacture of materials and articles intended for contact with infant formula, and human milk.
  1093	1883583-80-9	wax, rice bran, oxidised	yes	no	Only to be used as an additive at up to 0.3%w/w in polyethylene terephthalate, polylactic acid and rigid poly(vinyl chloride) materials and articles intended for contact with non-fatty foods, at room temperature and below, including hot-fill and/or heating up to 100°C for up to 2 hours.
  1094	2752-17-2	2,2′-oxydiethylamine	no	yes	SML：0.05mg/kg Only to be used as a comonomer at up to 14%w/w with adipic acid and caprolactam, or with authorised homologues of these two substances with a longer C chain, to manufacture polyamide films with a thickness of up to 25μm. The migration of oligomers containing the substance with a molecular weight below 1000Da shall not exceed 5 mg/kg food. Not to be used in the manufacture of materials and articles intended for contact with infant formula, and human milk.
  1096	1850357-57-1	wax, rice bran, oxidised, calcium salt	yes	no	Only to be used as an additive at up to 0.3%w/w in polyethylene terephthalate, polylactic acid and rigid poly(vinyl chloride) materials and articles intended for contact with non-fatty foods, at room temperature and below, including hot-fill and/or heating up to 100°C for up to 2 hours.

• (EU) 2026/250: Amending Regulation (EU) 2024/3190 on the use of BPA and Other Bisphenols in Food Contact Materials and Articles

  1、 Modification of Terminology for Contextual Consistency

  • The phrase "BPA and its salts" in Article 3(1) and (2) has been uniformly amended to "BPA". This aligns with the definition of 'bisphenol' in Article 2(2)(c) of the Regulation, which already encompasses the salt forms.
  • In Article 9 concerning "verification of compliance", references to "BPA" have been changed to "residual BPA" to ensure consistency with the prohibition target specified in Article 4.

  2、 Updated Transitional Period Requirements

  • For single-use final food contact articles:
    • Single-use final food contact articles manufactured using BPA and complying with the rules as applicable before the date of entry into force of this Regulation, which do not comply with the rules in this Regulation, may be first placed on the market until 20 July 2026.
    • By way of derogation from paragraph 1, the following single-use final food contact articles complying with the rules as applicable before the date of entry into force of this Regulation, which do not comply with the rules in this Regulation, may be first placed on the market until 20 January 2028:

      (a) single-use final food contact articles intended for the preservation of the following foodstuffs:：

      1.  fruits or vegetables, excluding products defined in Annex I to Council Directive 2001/112/EC；or
      2. fishery products as defined by Regulation (EC) No 853/2004 of the European Parliament and of the Council；

      (b) single-use final food contact articles on which a varnish or coating manufactured using BPA has only been applied to the exterior metal surface.。

    • Articles first placed on the market under these transitional provisions may be filled with food and sealed during the 12 months following the expiry of the applicable period. The resulting packaged food may be placed on the market until exhaustion of stocks.
  • For repeat-use final food contact articles:
    • Repeat-use final food contact articles that were first placed on the market in accordance with paragraph 1 may remain on the market until 20 July 2027。
    • Repeat-use final food contact articles that were first placed on the market in accordance with paragraph 2 may remain on the market until 20 January 2029.。

  3、 Updated the declaration of compliance requirement

  Point 3 of Annex III, which previously required identification of "the identity of the food contact material or article, including both intermediate food contact materials and final food contact articles", has been replaced. The new requirement is for "the identity of the intermediate food contact materials or final food contact articles" for which the declaration is issued. This revision balances traceability needs with confidentiality concerns for business operators.

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