Update of the European Contaminants Regulation (EU) 2023/915
Amending regulation came into force on 16th July 2024
July 2024. In May 2023, with Regulation (EU) 2023/915 the recast of the European Contaminants Regulation was published. This new version had been planned for several years in order to structure the text of the regulation more clearly and reduce the high number of footnotes after numerous amending regulations had been published since 2006.
The Regulation (EU) 2024/1756 amending Regulation (EU) 2023/915, which now entered into force, contains the following significant changes, amongst others:
- Sampling: Various references to the new sampling Regulations for mycotoxins (Regulation (EU) 2023/2782) and plant toxins (Regulation (EU) 2023/2783) (see also Sampling and analysis of mycotoxins and plant toxins).
- Oats/oat products: Maximum levels for ochratoxin A and zearalenone in unprocessed oats apply to oats with husks; maximum level for T-2/HT-2 toxin in bakery products with high oat content applies to products with at least 75 % milling products of oats.
- Cereals placed on the market for the final consumer: Scope for ochratoxin A only for cereals, for zearalenone for cereals, bran and germ.
- Rice products: Clarification of their definition.
- Baby food: Differentiation of the maximum levels of PAHs for baby food in powder form and baby food in liquid form.
- Linseed: Maximum level for hydrocyanic acid applies regardless of the processing stage.
- Venison: Clarification of the entry for dioxins and PCBs.
The previous Regulation (EU) No. 1881/2006 was repealed with the introduction of Regulation (EU) 2023/915.
Key contents and main changes compared to the previous Contaminants Regulation (EC) No. 1881/2006 at a glance:
- With Article 1, a new article for the establishment of definitions was introduced. Terms such as “food”, “food business operator”, “placing on the market” and “final consumer” relate to Regulation (EC) No 178/2002; terms such as “processing”, unprocessed products” and “processed products” to Regulation (EC) No 852/2004.
- Article 2 specifies, amongst other aspects, that food exceeding the maximum levels listed in Annex I shall not be placed on the market and shall not be used as raw material in food or as an ingredient in food.
- The definition of food categories refers more closely to Annex I of Regulation (EC) No 396/2005 on maximum residue levels of pesticides. In addition to fruits, vegetables and cereals, the corresponding product lists for nuts, oilseeds and spices now also apply.
- Annex I lists the maximum levels of regulated contaminants. Remarks that relate directly to a specific maximum level and its application are located in a separate column adjacent to the respective maximum level. Thus, the previous 75 footnotes are reduced to 15 footnotes with general definitions resulting in improved reader-friendliness.
- Annex II is a correlation table with a comparison of the article numbers of old and new regulation.
- A prohibition on detoxification, previously only applied to foods containing contaminants listed in section 2 of the Annex (mycotoxins), now applies generally to food containing contaminants listed in Annex I (Article 4). This is justified by a lack of scientific knowledge on potential metabolites that could be produced during detoxification.
- Transitional measures of the previous Regulation (EC) No 1881/2006 continue to apply and are explicitly listed in Article 10.
Changes and additions to previous maximum levels
Maximum levels previously established under Regulation (EC) No 1881/2006 are generally maintained in the recast.
Important changes regarding specific maximum levels that were not directly included in Regulation (EC) No 1881/2006:
- Aflatoxins: The maximum levels of aflatoxins also apply to processed foods if they consist at least of 80 % of the corresponding product.
- Polycyclic aromatic hydrocarbons (PAHs): The maximum levels of PAHs for plant-based powders, which are used for the preparation of beverages, do not apply to instant coffee and soluble coffee. The maximum levels for PAHs for baby food apply directly to the powdered or liquid product.
- Melamine: A maximum level in liquid instant formula is added to the existing maximum level for melamine in powdered infant formula.
Since the first publication of the new Contaminants Regulation (EU) 2023/915, certain maximum levels have been amended or added to the regulation, including MLs for deoxynivalenol, T-2/HT-2 toxin and ergot alkaloids.
Contaminants with established maximum levels:
- Mycotoxins: Aflatoxins B, G and M1, Ochratoxin A, Patulin, Deoxynivalenol, Zearalenone, Citrinin, Ergot sclerotia Ergot alkaloids and T-2/HT-2 toxin
- Plant toxins: Erucic acid, Tropane alkaloids, Hydrocyanic acid, Pyrrolizidine alkaloids, Opium alkaloids, Delta-9-tetrahydrocannabinol
- Metals and elements: Lead, Cadmium, Mercury, Arsenic, Tin
- Halogenated persistent organic pollutants: Dioxins and PCBs, Perfluoroalkyl substances
- Process contaminants: PAHs, 3-MCPD, Sum of 3-MCPD and 3-MCPD fatty acid esters, Glycidyl fatty acid esters
- Other contaminants: Nitrates, Melamine, Perchlorate
Analysis of contaminants
The experts of the various Competence Centres of the Eurofins Laboratory Network for Food and Feed Analysis in Germany have many years of experience in the analysis, evaluation and assessment of all legally regulated contaminants in food and feed. Participation in various analytical working groups and in-house R&D teams ensure that the laboratories are always up to date in the dynamic field of contaminants analysis, when new substances or new maximum levels come into focus. More recent articles on specific contaminants can be found on the right side of this page.
Any questions left regarding the analysis or maximum levels of contaminants?
Visit our webpage Analysis of Food &Feed or contact our experts Sabrina Hansen and Carina Kellner.