Positive list: four new substances, each with explicit restrictions

The EU manages plastic food contact materials by means of a positive list, and substances not on the list may not be used. The four new entries focus on engineering plastics and bio-based materials, and each carries explicit restrictions.

FCM 1090 (CAS 646-24-2 / 148528-05-6) deserves particular attention: in addition to the 0.05 mg/kg specific migration limit, the regulation sets a separate migration limit of 5 mg/kg for oligomer fractions with a molecular weight below 1 000 Da consisting of NMDA/MODA-related species.

It is typically these low-molecular-weight fractions that migrate into food, and conventional overall migration testing does not cover them, so quantification by LC-MS is required. FCM 1088 carries strict conditions of use: it may only be used as an additive in PLA that does not contain starch, and contact is limited to water, fresh or chilled fruit and vegetables, and vinegar, for up to 10 days at 40 °C.

Recycled plastics: declarations of compliance expand from two sets to four

Under the original Regulation (EU) 2022/1616, declarations of compliance were limited to two sets, issued by recyclers (Declaration A) and converters (Declaration B). The revision expands this to four sets: P/A/B/C. Declaration P covers the most upstream stage: plastic waste inputs entering the decontamination process must be accompanied by this declaration, which must be kept for at least 5 years. Declarations A and B correspond to the recycling and conversion stages respectively.

Declaration C is a new declaration for downstream operators: once Declaration B indicates “final plastic material or article”, downstream operators that do not change the plastic composition must accompany their stages with Declaration C.

Declaration C must state the recycled content and the corresponding RIN registration number for each component, and every component accounting for more than 5% of the total plastic weight of the product falls within the reporting scope. For additives, an “input + added = output” ledger must be maintained along the supply chain, and the cumulative amount added must not exceed 1% of the component weight.

Declaration A must state the results of the quality assessment across the Exit, Entry, Input and Output stages, with Exit (released batches) as a mandatory item.

Declaration P is the most detailed: the source must be marked as “EU / Non-EU” (where non-EU input reaches 10% of the batch, the whole batch is declared as non-EU), and the collection route must be specified as deposit return system (DRS), post-consumer waste (PCW) or new technology collection (NTC). For mixed collection, the proportion of each source must be provided.

Testing and registration tightened in parallel

For mechanical recycling of post-consumer PET, input material must be tested in accordance with Annex A of ISO 12418-2:2012 (or a method of equivalent performance): labels and visible contaminants ≤ 500 mg/kg, PVC ≤ 200 mg/kg, and polyolefins (including adhesives as measured by the method) ≤ 500 mg/kg. Decontamination installations must complete electronic registration at least 30 working days before start-up, and the information must be confirmed every 6 months thereafter.

For import release, recycled PET resin (ex 3907 61 00) must be accompanied by Declarations P/A/B, PET waste (ex 3915 90 20) by Declaration P, and articles containing recycled plastic by Declaration C. Where the customs code and the declaration type do not match, consignments will be held at customs.

The difficulty for PET flake recyclers and food-grade recycled PE/PP producers lies in the completeness of underlying data: contaminant testing, recycled content calculation and additive ledgers must be consistent with the declarations. The PPWR recycled content obligations are already entering implementation, and companies with complete documentation will be best placed.

FAQ

Two questions companies are asking most frequently about the changeover are answered below.

From when should companies switch to the new declaration templates?

The regulation enters into force on 18 November 2026, and a transition period applies to the changeover of declarations: existing-format Declarations A and B may be used until 18 February 2027, and Declarations P and C must be adopted no later than 18 May 2027.

What should companies prioritise now?

On the formulation side, check whether the four new substances are involved. On the supply chain side, check whether recycled plastic declarations can be issued on the new templates, and schedule the document changeover backwards from the transition milestones.

How CIRS Testing can help

CIRS Testing holds both CMA and CNAS accreditations. Its FCM testing services cover (EU) No 10/2011, (EU) 2022/1616 and the GB 4806 series. CIRS Testing can customise migration test plans (LC-MS quantification of oligomers, contaminant screening of PET flakes) and assist with the preparation of recycled plastic declaration documents.

For testing or technical exchange, please contact:

About CIRS Testing

CIRS Testing is a third-party testing, inspection and certification body providing testing and regulatory compliance services for food contact materials, consumer products, chemicals, medical devices and more, helping enterprises meet regulatory requirements in the EU, China and other global markets.

Note: This article is for informational purposes only and does not constitute legal advice.

Source

• Commission Regulation (EU) 2026/2412 of 28 October 2026 amending Annex I to Regulation (EU) No 10/2011 — http://data.europa.eu/eli/reg/2026/2412/oj
• Commission Regulation (EU) 2026/2376 of 28 October 2026 amending Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with food — http://data.europa.eu/eli/reg/2026/2376/oj