On 31 December 2024, the State Secretary for Health, Welfare and Sport of the Dutch Government, enacted a ministerial regulation, modifying the Commodities Act Regulation on Packaging and Utensils (Warenwetregeling verpakkingen en gebruiksartikelen). This update implements the Benelux Committee of Ministers’ decision on metals and alloys intended for contact with foodstuffs (M (2022) 12) and brings Dutch rules into harmony with both Benelux and European frameworks.
Table of Contents
Background and Harmonization Efforts
The impetus for the revision stems from Resolution CM/Res(2013)9 of the Council of Europe, which seeks to standardize national requirements for food contact materials to safeguard public health. By adopting the Benelux decision, the Netherlands, Belgium and Luxembourg ensure uniform standards across their internal market, thus facilitating trade and maintaining high consumer protection. Prior to this amendment, the Netherlands already enforced national measures; the current changes adjust those where necessary to reflect the Benelux rules.
Key Amendments
Expanded Definitions
Chapter IV, Section 1 now clarifies that:
- An “alloy” is a macroscopically homogeneous metal made of two or more elements inseparable by mechanical means.
- “Metals” are defined by their solid-state properties: metallic luster, electrical and thermal conductivity, and mechanical strength and malleability.
- The scope covers all packaging and utensils wholly or partly composed of metals or alloys, whether coated or uncoated.
Updated Specific Migration Limits
In Section 4.3 of the regulation, numerous Specific Migration Limits (SMLs) (in mg/kg of food) have been revised:
- Arsenic reduced from 0.01 to 0.002
- Cadmium from 0.01 to 0.005
- Chromium increased from 0.1 to 0.25
- Cobalt from 0.05 to 0.02
- Copper from 5 to 4
- Lithium compounds from 0.6 (as Li) to 0.048
- Manganese from 0.6 to 1.8
- Vanadium from 0.05 to 0.01
Addition of New Metals and SMLs
The amendment introduces SMLs for eight additional elements:
- Barium (1.2)
- Beryllium (0.01)
- Iron (40)
- Mercury (0.003)
- Molybdenum (0.12)
- Thallium (0.0001)
- Tin (100, unless otherwise specified in Commission Regulation (EU) 2023/915)
- Silver (0.08)
Tin’s reference to Regulation (EU) 2023/915 ensures consistency with the latest EU maximum contaminant levels in foodstuffs.
Procedural Updates and Compliance Demonstrations
- Section 4.5 (formerly regarding tin) has been removed, as tin is now covered in the main SML table.
- Renumbering adjusts subsequent sections accordingly.
- A new Section 4.9 mandates that operators provide a written declaration of conformity in line with Article 16 of Regulation (EC) No 1935/2004 (general food contact materials regulation) and the annex’s Chapter 0.9.
Alignment with EU Legislation
The regulation was notified to the European Commission under Directive (EU) 2015/1535 on technical regulations. The Commission’s remarks highlighted overlap with specific migration limits for plastics under Regulation (EU) No 10/2011. The Dutch response clarifies that, for composite articles, only the metallic portion falls under the amended SMLs, while any plastic components must meet Regulation 10/2011 standards.
Conclusion
This amendment modernizes the Dutch regulation on food-contact metals by integrating Benelux and EU standards, refining migration limits for existing and newly listed elements, and reinforcing compliance documentation. By aligning national rules with broader European frameworks, it ensures a consistent high level of consumer protection and facilitates the seamless trade of food-contact materials across the Benelux and EU markets.
