Updates to the EU Contaminants Commission Regulation (EU) 2023/915
Last week, the EU Commission amended Regulation (EU) 2023/915 of 25 April 2023, which sets maximum levels for certain contaminants in food, as detailed below.
Commission Regulation (EU) 2024/1002
The Commission Regulation (EU) 2024/1002 of 4 April 2024 amends Regulation (EU) 2023/915 regarding the maximum levels of perchlorate in beans (Phaseolus vulgaris) with pods.
Extensive recent data on the occurrence of perchlorate levels in beans (Phaseolus vulgaris) with pods indicate that major production areas in the Union cannot achieve the maximum level, even when applying good practices.
Considering the situation, the authorities decided to increase the maximum level of perchlorate in beans (Phaseolus vulgaris) with pods. They adhered to the principle that maximum levels should be established as low as reasonably achievable through good practices.
In Section 6 (Other Contaminants) of Annex I to Regulation (EU) 2023/915, the entry 6.3.1 (fruits and vegetables, except for products listed in 6.3.1.1 and 6.3.1.2) is replaced with the following:
| 6.3.1 | Fruits and vegetables except products listed in 6.3.1.1, 6.3.1.2 and 6.3.1.3 | 0,05 |
| 6.3.1.1 | Cucurbitaceae and kale | 0,10 |
| 6.3.1.2 | Leaf vegetables and herbs | 0,50 |
| 6.3.1.3 | Beans (Phaseolus vulgaris) with pods | 0,15 |
This regulation will take effect from 25 April 2024.
Commission Regulation (EU) 2024/1003
Commission Regulation (EU) 2024/1003 of 4 April 2024 amending Regulation (EU) 2023/915 as regards maximum levels for the sum of 3-monochlorpropanediol (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.
Recent data from controls conducted by Member States, available in the Authority’s database for the sampling years 2020-2022, indicate that lower levels of 3-MCPD and 3-MCPD fatty acid esters are already achievable in infant formulae, follow-on formulae, and food for special medical purposes intended for infants and young children, following good practices. Consequently, it is necessary to lower these maximum levels to ensure a high level of protection for human health.
In Annex I to Regulation (EU) 2023/915, sections 5, entry 5.3.3 is replaced by the following:
| 5.3.3 | Infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children and young child formulae | The maximum level applies to the product as placed on the market | |
| 5.3.3.1 | placed on the market as powder | 80 | |
| 5.3.3.2 | placed on the market as liquid | 12 |
This regulation will take effect from 1 January 2025.
Commission Regulation (EU) 2024/1022
Commission Regulation (EU) 2024/1022 of 8 April 2024 Amending Regulation (EU) 2023/915 Regarding Maximum Levels of Deoxynivalenol in Food:
To ensure the implementation of good agricultural practices that minimize the presence of DON in cereals, it is crucial to establish a maximum level for unprocessed cereals. Since unprocessed oats are marketed with the husk either before milling or before being incorporated into cereal products intended for the final consumer, the maximum level for DON should cover unprocessed oat grains with the husk included, regardless of the husk being inedible.
In Section 1 (mycotoxins) of Annex I to Regulation (EU) 2023/915, entry 1.4 (deoxynivalenol) is replaced by the following:
| 1.4 | Deoxynivalenol | Maximum level (μg/kg) | Remarks |
| 1.4.1 | Unprocessed cereal grains except products listed in 1.4.2 and 1.4.3 | 1 000 | Except unprocessed maize grains intended to be processed by wet milling and except rice. The maximum level applies to unprocessed cereal grains placed on the market for first-stage processing (6). |
| 1.4.2 | Unprocessed durum wheat grains and unprocessed maize grains | 1 500 | Except unprocessed maize grains for which it is evident e.g. through labelling or, destination, that they are intended for use in a wet milling process only (starch production). The maximum level applies to unprocessed durum wheat grains and unprocessed maize grains placed on the market for first-stage processing (6). |
| 1.4.3 | Unprocessed oat grains with inedible husk | 1 750 | The maximum level applies to unprocessed oat grains with husk placed on the market for first-stage processing (6). The maximum level applies to the oat grains with the inedible husk included. |
| 1.4.4 | Cereals placed on the market for the final consumer, maize for popping and popcorn | 750 | Except rice. |
| 1.4.5 | Milling products of cereals with the exception of products listed in 1.4.6 | 600 | Except milling products of rice. |
| 1.4.6 | Milling products of maize | ||
| 1.4.6.1 | Milling products of maize placed on the market for the final consumer | 750 | |
| 1.4.6.2 | Milling products of maize not placed on the market for the final consumer | 1 000 | |
| 1.4.6.3 | Pre-cooked polenta ready to eat | 250 | |
| 1.4.7 | Bakery wares, cereal snacks and breakfast cereals | 400 | Except rice products. Including small bakery wares. |
| 1.4.8 | Pasta | 600 | Pasta means pasta (dry) with a water content of approximately 12 %. |
| 1.4.9 | Baby food and processed cereal-based food for infants and young children (3) | 150 | Except rice products. The maximum level applies to the dry matter (5) of the product as placed on the market. |
| 1.4.10 | Food for special medical purposes intended for infants and young children (3) | 150 | Except rice products. The maximum level applies to the dry matter (5) of the product as placed on the market. |
This regulation will take effect from 1 July 2024.
Commission Regulation (EU) 2024/1038
Commission Regulation (EU) 2024/1038 of 9 April 2024 Amending Regulation (EU) 2023/915 Regarding Maximum Levels of T-2 and HT-2 Toxins in Food:
To ensure the implementation of good agricultural practices that minimize the presence of T-2 and HT-2 toxins in cereals, it is crucial to establish a maximum level for unprocessed cereals. Marketers sell unprocessed oats with the husk, either before milling or before their use in cereal products intended for the final consumer. Therefore, the maximum level for T-2 and HT-2 toxins should cover these unprocessed oat grains, including the husk, even though the husk is inedible.
In Section 1 (Mycotoxins) of Annex I to Regulation (EU) 2023/915, the following entry 1.9 (T-2 and HT-2 toxins) is added:
| 1.9 | T-2 and HT-2 toxins | Maximum level (μg/kg) | Remarks |
| Sum of T-2 and HT-2 toxins | For the sum of T-2 and HT-2 toxins, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero. | ||
| 1.9.1 | Unprocessed cereal grains except products listed in 1.9.1.1, 1.9.1.2, 1.9.1.3 and 1.9.1.4 | 50 | Except unprocessed maize grains intended to be processed by wet milling and except rice.The maximum level applies to unprocessed cereal grains placed on the market for first-stage processing (6). |
| 1.9.1.1 | Unprocessed malting barley grains | 200 | The maximum level applies to unprocessed malting barley grains placed on the market for first-stage processing (6). |
| 1.9.1.2 | Unprocessed barley grains other than malting barley grains | 150 | The maximum level applies to unprocessed barley grains placed on the market for first-stage processing (6). |
| 1.9.1.3 | Unprocessed maize grains and unprocessed durum wheat grains | 100 | Except unprocessed maize grains for which it is evident, e.g. through labelling or destination, that they are intended for use in a wet milling process only (starch production).The maximum level applies to unprocessed maize grains and unprocessed durum wheat grains placed on the market for first-stage processing (6). |
| 1.9.1.4 | Unprocessed oat grains with inedible husk | 1 250 | The maximum level applies to unprocessed oat grains with husk placed on the market for first-stage processing (6).The maximum level applies to the oat grains with the inedible husk included. |
| 1.9.2 | Cereals placed on the market for the final consumer except products listed in 1.9.2.1 and 1.9.2.2 | 20 | Except rice. |
| 1.9.2.1 | Oats placed on the market for the final consumer | 100 | |
| 1.9.2.2 | Barley, maize and durum wheat placed on the market for the final consumer | 50 | |
| 1.9.3 | Milling products of cereals except products listed in 1.9.3.1 and 1.9.3.2 | 20 | Except milling products of rice. |
| 1.9.3.1 | Milling products of oats (including oat bran) | 100 | |
| 1.9.3.2 | Bran from cereals other than oats and milling products of maize | 50 | |
| 1.9.4 | Bakery wares except products listed in 1.9.5, pasta, cereal snacks and breakfast cereals except products listed in 1.9.6, 1.9.7 and 1.9.8 | 20 | Except rice products.Including small bakery wares.Pasta means pasta (dry) with a water content of approximately 12 %. |
| 1.9.5 | Bakery wares containing at least 90 % milling products of oats | 100 | Except rice products.Including small bakery wares. |
| 1.9.6 | Oat flakes | 100 | |
| 1.9.7 | Breakfast cereals consisting of at least 50 % of cereal bran, milling products of oat grains, milling products of maize grains, whole oat grains, barley grains, maize grains or durum wheat grains, and consisting of less than 40 % of milling products of oat grains and whole oat grains | 50 | |
| 1.9.8 | Breakfast cereals consisting of at least 50 % of cereal bran, milling products of oat grains, milling products of maize grains, whole oat grains, barley grains, maize grains or durum wheat grains, and of at least 40 % of milling products of oat grains and whole oat grains | 75 | |
| 1.9.9 | Baby food and processed cereal-based food for infants and young children (3) | 10 | Except rice products.The maximum level applies to the dry matter (5) of the product as placed on the market. |
| 1.9.10 | Food for special medical purposes intended for infants and young children (3) | 10 | Except rice products.The maximum level applies to the dry matter (5) of the product as placed on the market. |
This regulation will take effect from 1 July 2024.
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