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Commission Regulation (EC) No 1881/2006 is the previous legislation setting maximum levels for certain contaminants in food. In view of the numerous revisions that have been made and upcoming amendments to be made, EU introduced a new legislation Commission Regulation (EU) 2023/915 on May 5, 2023, repealing Regulation (EC) No 1881/2006. The new Regulation will come into effect on May 25, 2023.
Compared to the previous regulation, the new regulation includes several major revisions. First, requirements have been separately stipulated for “food subject to sorting or other physical treatments before placing on the market for the final consumer or being used as a food ingredient”. Article 5 stipulates that when placing such foods on the market, they shall be labelled with the following information: “Product shall be subjected to sorting or other physical treatments to reduce [name contaminant(s)] contamination before placing on the market for the final consumer or use as a food ingredient.
Second, the maximum levels of cadmium do not apply to cereals that are used in beer production, provided that the cereal residue will not be put on the market as food. It is because cadmium mainly remains in the cereal residue and therefore the content of cadmium in beer is very low. Compared to Regulation (EC) No 1881/2006, the new regulation extended the exemption for malt to all cereals used for beer production.
Third, the maximum levels of polycyclic aromatic hydrocarbons (PAHs) in coffee and infant formula have been updated. The maximum level of PAHs in instant or soluble coffee is negligible, so the maximum level of PAHs in "5.1.2 Powders of food of plant origin for the preparation of beverage" does not apply to instant or soluble coffee. For infant formula, follow-on formula, young-child formula and foods for special medical purposes (FSMP) for infant and young child, the maximum level of PAHs is defined as the level in ready-to-use products., i.e., products placed on the market as such or after reconstitution as instructed by the manufacturer.
Fourth, the maximum level of melamine in liquid infant formula is set at 0.15 mg/kg.
Finally, the regulation includes a series of transitional measures. For example, products legally placed on the market prior to March 26, 2023, with a maximum level of arsenic set out in Annex I, can remain on the market until their use-by date.
The full text of the new regulation can be read here.
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