[Updated] EU Updates Regulations on Contaminant Limits in Foods, Introducing Maximum Nickel Levels

On September 4, 2020, the European Food Safety Authority (EFSA) adopted an updated risk assessment on nickel in food and drinking water, determining that nickel can lead to both chronic and acute effects. Consequently, setting maximum levels for nickel in food is crucial to uphold a high standard of human health protection.

On July 31, 2024, the EU enacted Commission Regulation (EU) 2024/1987, setting the maximum nickel limits for foods. The impacted product category, their subcategories and respective maximum levels are outlined in Section 3 of Annex I to Regulation (EU) 2023/915. The affected product categories encompass:

• Tree nuts

• Root and tuber vegetables and bulb vegetables

• Fruiting vegetables

• Brassica vegetables

• Leafy vegetables

• Legume vegetables

• Stem vegetables

• Seaweed

• Pulses

• Oilseeds

• Cereals

• Cocoa and chocolate products

• Infant formulae, follow-on formulae, food for special medical purposes intended for infants and young children and young-child formulae

• Processed cereal-based food for infants and young children

• Baby food excluding specific products

• Fruit juices, fruit nectars and vegetable juices including fruit juices, fruit nectars and vegetable juices intended as baby food

The specified maximum nickel levels for these products will be enforceable from July 1, 2025, except for cereals, which will be applicable from July 1, 2026. Food lawfully placed on the market before the implementation dates may continue to be sold until their respective minimum durability or use-by dates.

For further details, refer to the official regulation here.

It was previously regulated that lower maximum levels for ergot sclerotia in unprocessed rye grains and ergot alkaloids in milling products of barley, wheat, spelt and oats (with an ash content lower than 900 mg/100 g dry matter), rye milling products and rye placed on the market for the final consumer are to apply from 1 July 2024.

On July 2, 2024, the EU issued Commission Regulation (EU) 2024/1808 to defer the application of the lower maximum levels for ergot sclerotia in unprocessed rye grains for 1 year (apply from July 1, 2025) and for ergot alkaloids in milling products of wheat (with an ash content lower than 900 mg/100 g dry matter), rye milling products and rye placed on the market for the final consumer for 4 years (apply from July 1, 2028).

Commission Regulation (EU) 2024/1756 raises many revisions include:

• In the entry for T-2 and HT-2 toxins, point "1.9.5 Bakery wares containing at least 90 % milling products of oats" is replaced by "Bakery wares containing at least 75 % milling products of oats" based on experience with the composition of food available on the market.

• To ensure consumer safety, the maximum level for hydrocyanic acid in linseed placed on the market for the final consumer laid down in point 2.3.2 of Annex I should be applicable independently of the processing stage of the linseed.

• For point 1.8.1 Ergot sclerotia of Annex I: the reference to Regulation (EC) No 401/2006 is deleted due to relevant rules given in Commission Implementing Regulation (EU) 2023/2782.

• For tropane alkaloids in baby food and processed cereal-based food for infants and young children, corresponding reference to Regulation (EC) No 401/2006 is deleted due to relevant rules given in Commission Implementing Regulation (EU) 2023/2783.

To clarify the Regulation, avoid misunderstanding or ensure the consistent enforcement, this amendment also corrects several places, involving the entry for ochratoxin A, deoxynivalenol, zearalenone, fumonisins, T-2 and HT-2, tropane alkaloids, hydrocyanic acid, doxins and PCBs, as well as PAHs.

Commission Regulation (EU) 2024/1038: The maximum levels of T-2 and HT-2 toxins are added for a) baby food and processed cereal-based food for infants and young children, b) food for special medical purposes intended for infants and young children, and c) many cereals and cereal products. Article 8 is revised as well.

Table 1: Revisions on the Maximum level for T-2 and HT-2 toxins in baby food and infant FSMP

Involved products that were lawfully placed on the market prior to July 1, 2024, are permitted to remain on the market until their date of minimum durability or use-by date.

Commission Regulation (EU) 2024/1022: The maximum levels of deoxynivalenol in baby food, infant formula, foods for special medical purpose (FSMP) intended for infants and young children, and various cereal products are revised. The revisions regarding baby food and infant FSMP are as below.

Table 1: Revisions on the Maximum level for deoxynivalenol in baby food and infant FSMP

Involved products that were lawfully placed on the market prior to July 1, 2024, are permitted to remain on the market until their date of minimum durability or use-by date.

Commission Regulation (EU) 2024/1003: EU lowers the maximum levels for the sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters in infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children and young child formulae as below.

Table 1: Revisions on the Maximum level for the sum of 3-MCPD and 3-MCPD fatty acid ester in infant formula and infant FSMP

As per the official journal, this amendment will come into effect on April 25, 2024 and will apply from January 1, 2025. For products placed on the market before January 1, 2025, they can remain on the market until their date of minimum durability or use-by date.

Commission Regulation (EU) 2024/1002: The maximum level for perchlorate in beans (Phaseolus vulgaris) with pods is set at 0.15 mg/kg. The amendment comes ino effect on April 25, 2024.