Denmark has completed a public consultation on its proposed draft governing food contact materials (FCMs) and articles, a move that could reshape the nation’s packaging standards. We outline the main points of the proposed Executive Order, its scope and the implications for businesses. If approved, the new rules will come into effect on January 1, 2026, replacing the existing legislation from 2020.
TABLE OF CONTENTS
A New Legal Framework for Food Contact Materials
The Danish Veterinary and Food Administration (DVFA) held the consultation during April and May 2025, focusing on the draft Executive Order on Food Contact Materials and Penal Provisions for Violations of Related EU Legislation (Draft Order). The proposal seeks to align Denmark’s national requirements with existing EU frameworks, particularly Regulation (EC) No. 1935/2004 while introducing stricter measures in key areas such as ceramics, glassware, and paper-based materials.
Expanded Application and New Definitions
Under Section 1, the Draft Order clearly defines its application area; covering materials and articles that come into contact with food, including ceramics, enameled articles, glassware, and paper or cardboard.
Section 2 introduces updated terminology for these materials, ensuring consistency with EU definitions and clarifying the scope of FCMs as outlined in Regulation (EC) No. 1935/2004.
Strengthened Documentation and Testing Requirements
Section 5 requires a Declaration of Compliance (DoC) to accompany FCMs at all stages prior to retail, extending also to ceramic articles up to the retail stage. This aims to ensure full traceability and compliance across the supply chain.
Testing requirements for ceramic and enameled articles are addressed under Section 10, which introduces new product categories and tighter migration limits for lead and cadmium. Testing procedures will align with Directive 84/500/EEC, ensuring standardized methods for assessing safety in products that contact food.
Chemical Restrictions and Special Measures
Under Section 6, the proposal sets a strict limit of 0.01 mg/kg for vinyl chloride migration, reinforcing Denmark’s focus on minimizing chemical risks.
For regenerated cellulose films (Section 7), the Draft Order updates positive lists of permissible substances, ensuring greater transparency in material composition.
One of the most notable measures appears in Section 12, where the use of per- and polyfluoroalkyl substances (PFAS) is prohibited in paper and cardboard FCMs — unless a functional barrier effectively prevents their migration into food.
Enforcement and Penalties
To support compliance, Section 14 sets forth penal provisions for violations of both Danish and EU-level FCM legislation. Offenders could face financial penalties or, in serious cases, imprisonment of up to two years. This shows Denmark’s commitment to the strong enforcement of food safety standards.
Transition and Market Implications
Once the Draft Order takes effect on January 1, 2026, it will repeal Executive Order No. 681 of May 25, 2020. However, products already on the market before this date that comply with earlier rules may continue to be sold until existing stocks are exhausted, offering businesses a window to adapt to the updated requirements.
Conclusion
Denmark’s proposed draft on food contact materials marks a significant tightening of national packaging and food safety standards. By strengthening documentation, chemical restrictions, and enforcement provisions, the country aims to ensure higher consumer protection and environmental responsibility. The regulation’s final adoption, expected before 2026, will be closely watched by manufacturers and importers across Europe seeking to align with Denmark’s evolving regulatory landscape.
