Ban on the use of bisphenol A and bisphenol derivatives
On 19 December 2024, the European Commission issued a ban on the use of Bisphenol A (BPA) and its salts in materials that come into contact with food. Regulation (EU) 2024/3190 extends the existing restrictions on BPA, which is already banned in the European Union for use in baby bottles. The regulation also contains restrictions for other bisphenols and bisphenol derivatives.
The Specific Migration Limit (SML) for Bisphenol A of 0.05 mg/kg that has applied to date was repealed when the regulation came into force on 20 January 2025. However, a transitional period until 20 July 2026 or 20 January 2028, as the case may be, applies to certain uses.
The regulation applies to food contact materials made of plastics, rubbers and silicones, but also to varnishes and coatings, adhesives, printing inks and ion-exchange resins. The requirements do not currently apply to paper, as BPA is not generally used intentionally in this area.
In addition to bisphenol A, other bisphenols and bisphenol derivatives are also regulated:
GENERAL STRUCTURE:
Bisphenol: including the salt form | Bisphenolderivate:  with the exception of the salt form |
| X: bridge group, for the separation of both phenyl rings by a single atom, which can have any substituent(s). R1 to R10: substituents, of which at least one is not hydrogen | |
Bisphenols and bisphenol derivatives are considered hazardous under the terms of the regulation if they are classified as carcinogenic, mutagenic (cat. 1A and 1B), toxic for reproduction or as an endocrine disrupting for human health (cat. 1) in accordance with the CLP Regulation (EC) 1272/2008.
The regulation prohibits the use of BPA and its salts, as well as other hazardous bisphenols or hazardous bisphenol derivatives, in the manufacture of food contact materials and the placing on the market of products made with these materials. If other bisphenols or bisphenol derivatives are used, they must not contain BPA residues above a detection limit of 1 µg/kg.
The following measures are recommended:
| Food contact materials made of: plastic, rubber, silicone, varnishes and coatings, adhesives, printing inks, ion-exchange resins | Manufactured with bisphenol A | Manufactured with other hazardous bisphenols/ bisphenol derivatives | Manufactured with other bisphenols/ bisphenol derivatives | Manufactured without bisphenols/ bisphenol derivatives (or currently unknown) |
| Search for alternatives (until 20 July 2026) (if no exception applies) | x | x | ||
| Request Declarations of Compliance (= supporting documentation) from suppliers | x | x | ||
| Test residual content of BPA | x | |||
| Test migration of BPA | x (with exception) | x (with exception) | ||
| Create Declaration of Compliance / add to Declaration of Compliance for plastics | x | x | x | x (if supporting documents are available) |
For plastics, a separate Declaration of Compliance in accordance with Regulation (EU) 2024/3190 is not required if the following additions are included in the declaration in according to Regulation (EU) No. 10/2011:
- Current telephone number or email address
- Confirmation that the food contact material complies with Regulation (EU) 2024/3190
- Confirmation that no bisphenols or bisphenol derivatives as defined in Regulation (EU) 2024/3190 were used in the manufacture of the products or a list of all bisphenols or bisphenol derivatives used in the manufacture of the food contact material or article
If necessary, it can be added that the confirmation is based on information from the raw material suppliers.
For more information, please refer to our flyer, which you can request here: https://innoformtestservicede.sharepoint.com/:b:/s/InnoformGmbH/EdTh6prd_s5MhH-PJSk4lFgB03bCMjPYZ8K2zDJKDzIKQA?e=efl7Gf
If you have any questions, please contact fcm@innoform.de. We will be happy to provide you with a quote for the inspection of your documents, the measurement of the BPA content or the BPA migration.
Examinations on this:
https://www.innoform-testservice.de/konformitaetsarbeit
https://www.innoform-testservice.de/spezifische-migration
https://www.innoform-testservice.de/gesamtmigration-sensorik
