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Commission Regulation (EU) 2019/37 of 10 January 2019 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (Text with EEA relevance.)

Regulation (EU) 2019/37 · Regulation · 4 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

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Annexes I and III to Regulation (EU) No 10/2011 are amended in accordance with the Annex to this Regulation.

Article 2

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Plastic materials and articles complying with Regulation (EU) No 10/2011 as applicable before the entry into force of this Regulation may be placed on the market until 31 January 2020 and may remain on the market until exhaustion of stocks.

Article 3

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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Supplementary provisions

ANNEXSupplementary provisions

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ANNEX Annexes I and III to Regulation (EU) No 10/2011 are amended as follows: (1) in Annex I, Table 1 is amended as follows: (a) the entries concerning FCM substances No 467, 744, 1066, and 1068 are replaced by the following: ‘467 14800 3724-65-0 crotonic acid yes yes no (35)’ 45600 ‘744 18888 080181-31-3 3-hydroxybutanoic acid-3- hydroxypentanoic acid, copolymer no yes no (35) The substance is used as product obtained by bacterial fermentation. In compliance with the specifications mentioned in the Table 4 of Annex I.’ ‘1066 23985-75-3 1,2,3,4-tetrahydronaphthalene-2,6-dicarboxylic acid, dimethyl ester no yes no 0,05 Only to be used as a co-monomer in the manufacture of a polyester non-food contact layer in a plastic multilayer material, which is to be used only in contact with foods for which food simulants A, B, C and/or D1 are assigned in Table 2 of Annex III. The specific migration limit in column 8 refers to the sum of the substance and of its dimers (cyclic and open chain).’ ‘1068 2530-83-8 [3-(2,3-epoxypropoxy)propyl]trimethoxy silane no yes no Only to be used as a component of a sizing agent to treat glass fibres to be embedded in glass-fibre-reinforced low diffusivity plastics (polyethylene terephthalate (PET), polycarbonate (PC), polybutylene terephthalate (PBT), thermoset polyesters and epoxy bisphenol vinylester) in contact with all foodstuffs. In treated glass fibres, residues of the substance must not be detectable at 0,01 mg/kg for the substance and 0,06 mg/kg for each of the reaction products (hydrolysed monomers and epoxy-containing cyclic dimer, trimer and tetramer).’ (b) the following entries are inserted in numerical order of the FCM substance numbers: ‘1059 147398-31-0 poly((R)-3-hydroxybutyrate-co-(R)-3-hydroxyhexanoate) no yes no (35) Only to be used alone or blended with other polymers in contact with foods for which food simulant E is assigned in Table 2 of Annex III.’ ‘1067 616-38-6 dimethyl carbonate no yes no Only to be used: a) with 1,6-hexanediol in the manufacture of polycarbonate pre-polymers that are used at up to 30 % to manufacture thermoplastic polyurethanes with 4,4′-methylenediphenyldiisocyanate and diols, such as polypropylene glycol and 1,4-butanediol. The resulting material shall only be applied in repeated use articles intended to come into short–term contact (≤ 30 min at room temperature) with food for which simulants A and/or B are assigned in Table 2 of Annex III; or b) for the production of other polycarbonates and/or under other conditions provided that the migration of dimethyl carbonate does not exceed 0,05 mg/kg food and that the migration of all polycarbonate oligomers with a molecular weight below 1 000 Da together does not exceed 0,05 mg/kg food. (27)’ ‘1069 75-28-5 isobutane yes no no Only to be used as a blowing agent.’ (2) in Table 2 of Annex I, the following entry is added: ‘35 467 744 1059 0,05 expressed as crotonic acid’ (3) in Table 3 of Annex I, the following entry is added: ‘(27) When a final material or article containing this substance and produced under conditions other than those described in point (a) column 10 of Table 1 is placed on the market, a well described method to determine whether the oligomer migration complies with the restrictions specified in point (b) column 10 of Table 1 shall form part of the supporting documentation referred to in Article 16. This method shall be suitable for use by a competent authority to verify compliance. If an adequate method is publicly available, reference shall be made to that method. If the method requires a calibration sample, a sufficient sample shall be supplied to the competent authority on its request.’ (4) in Table 4 of Annex I, the row concerning restriction of the entry concerning substance FCM No 744 is replaced by the following: ‘Restriction Specific migration limit for crotonic acid is 0,05 mg/kg food’ (5) in table 3 of point 4 of Annex III, the third and fourth rows are replaced by the following: ‘all aqueous and alcoholic foods and milk products with a pH ≥ 4,5 food simulant D1 all aqueous and alcoholic foods and milk products with a pH < 4,5 food simulant D1 and food simulant B’

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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