Belgium – Royal Decree on Metal and Alloy Food Contact Materials Approved

Vol. 1232 | 19 Mar 2021

The Federal Public Service of Health, Food Chain Safety and Environment of Belgium has approved a Royal Decree on food contact materials made of metals and alloys. This Decree is already effective.

The Decree applies to food contact materials and articles which are wholly or partly made of metals and/or alloys, whether or not covered with surface coating. Requirements stipulated in the Decree are summarized as follows:

General requirements

Metal and alloy food contact materials shall comply with the following regulations:

1. Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food
2. Commission Regulation (EC) No 2023/2006 on good manufacturing practices for materials and articles intended to come into contact with food
3. Belgian Royal Decree of 11 May 1992 concerning materials and articles intended to come into contact with food

Specific requirements

1. Specific migration requirements
   1. The Decree has adopted the specific migration limits from the Council of Europe’s Technical Guide on metal and alloy food contact materials (Resolution ResAP (2013) 9):
      
      Table 1: Specific migration limits applicable to metals and alloy components

      Symbol	Name	Specific migration limit (mg/kg food)
      Al	Aluminium	5
      Sb	Antimony	0.04
      Ag	Silver	0.08
      Cr	Chromium	0.250
      Co	Cobalt	0.02
      Cu	Copper	4
      Sn*	Tin	100
      Fe	Iron	40
      Mg	Magnesium	(no requirement)
      Mn	Manganese	1.8
      Mo	Molybdenum	0.12
      Ni	Nickel	0.14
      Ti	Titanium	(no requirement)
      V	Vanadium	0.01
      Zn	Zinc	5
      * Except for cases covered by Regulation (EC) No 1881/2006 on maximum levels for certain contaminants in foodstuffs

      Table 2: Specific migration limits applicable to metals in the form of contaminants and impurities

      Symbol	Name	Specific migration limit (mg/kg food)
      As	Arsenic	0.002
      Ba	Barium	1.2
      Be	Beryllium	0.01
      Cd	Cadmium	0.005
      Li	Lithium	0.048
      Hg	Mercury	0.003
      Pb	Lead	0.010
      Tl	Thallium	0.0001

   2. The specific migration requirements shall be verified by the national or European test methods. The migration tests shall be carried out by taking into account the most unfavourable conditions which are reasonably foreseeable.
   3. The specific migration values shall be expressed in mg/kg applying the surface area to volume ratio in actual or foreseen use. By derogation, sheets, film and flat surfaces which are not yet in contact with food, the migration value shall be expressed in mg/kg applying a surface to volume ratio of 6 dm² per kg of food.
2. Nanomaterials
   Substances in the form of nanoparticles shall require a specific evaluation of their properties, the intended use and the extent of exposure in case of release into food.
3. Declaration of conformity
   Products shall be accompanied by a declaration of conformity, containing the information listed below [Note: Declaration for unfinished materials shall, as a minimum, include the information in points (a), (b), (c) and (e)]:
   1. Identity and address of the business operator who manufactures or imports the materials and articles or the substances intended for the manufacture of these materials and articles;
   2. Identity of metals and alloys used in the manufacture of materials and articles;
   3. Date of the declaration;
   4. Confirmation of conformity of materials and articles with the applicable requirements of the Decree or other legislation concerning metal and alloys published by another EU Member State, Turkey or an EFTA State which is a contracting party to the EEA agreement, and Regulation (EC) No 1935/2004;
   5. Adequate information is in place to enable downstream business operators to ensure compliance with the restrictions
   6. Adequate information on restricted metals in foods obtained from experimental data or theoretical calculation about their specific migration level;
   7. Specifications concerning the use of the material or article, such as:
      1. Type(s) of food intended to be in contact with them;
      2. Duration and temperature of processing and storage in contact with the food;
      3. Surface/volume ratio in contact with the food used to establish conformity of the material or article

If there is no change in the raw materials, processing methods, manufacturing process, etc., a declaration of conformity remains valid for a period of 5 years maximum.

For additional information please contact:

Laureen Leung
laureen.leung@intertek.com 
+852 3760 6361