The regulatory landscape for food contact materials in the European Union has undergone significant changes in recent years, particularly regarding the use of bisphenol A (BPA) in packaging materials. While the earlier Regulation (EU) 2024/3190 introduced stricter rules around BPA and other bisphenols, several technical inconsistencies and drafting issues were identified following its publication.
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To address this, the European Commission adopted Regulation (EU) 2026/250 on February 3rd 2026, a targeted corrective measure intended to clarify specific provisions of the earlier legislation and ensure its consistent application across the EU. This Regulation entered into force on February 23rd. Although the new regulation does not change the overall objective of BPA restrictions in food contact materials, it introduces important clarifications concerning analytical verification, transitional periods for certain products and documentation requirements within the supply chain.
Clarifying Definitions and Scope
One of the most straightforward corrections in Regulation (EU) 2026/250 concerns the wording used to define the prohibition of BPA. The earlier text referred to “BPA and its salts,” which created an inconsistency with the regulatory definition of bisphenols already provided in the legislation.
The corrective regulation removes the reference to salts in order to align the prohibition with the broader definition of bisphenol compounds already embedded in the legal framework. While this change may appear minor, it helps eliminate potential ambiguity regarding the scope of the restriction.
Updated Requirements for BPA Analysis in Food Contact Materials
A key element of the correction concerns the analytical verification of residual BPA in packaging materials. The regulation emphasizes that food contact materials must not contain residual BPA or other hazardous bisphenols beyond the established detection limits.
To ensure consistency in testing, the following requirements have been clarified:
- Laboratories should apply analytical methods recommended by the European Union Reference Laboratory (EURL) for Food Contact Materials whenever such methods are available.
- Analytical methods used to verify compliance must generally achieve a detection limit of 1 μg/kg, unless a different limit is specified within the regulation or the recommended analytical method.
- Extraction-based analytical techniques should be used when verifying whether the substance is present.
These provisions reinforce the importance of validated analytical methods capable of detecting extremely low concentrations of BPA.
Clarification of Transitional Periods for Existing Products
Another significant clarification concerns the transitional provisions that allow certain food contact articles manufactured under previous regulatory frameworks to remain on the market for a specific period:
- For single-use final food contact articles, the deadline for being first placed on the market is July 20, 2026.
- For packaging intended for the preservation of fruits, vegetables and processed fishery products, the deadline for being first placed on the market is January 20, 2028.
- Following the expiry of the above, a 12-month window is permitted for filling and sealing these articles. Any packaged food produced within that window can remain on the market until stock is fully exhausted.
- General repeat-use articles may remain on the market until July 20, 2027.
- Repeat-use professional food production equipment may remain on the market until January 20, 2029.
These deadlines provide a clearer regulatory pathway for companies that still have compliant products manufactured under earlier legislation. By defining precise transition periods, the regulation helps businesses plan inventory management, adjust production processes and transition to BPA-free alternatives.
Adjustments to Declaration of Compliance Requirements
Regulation (EU) 2026/250 also introduces an important clarification regarding Declarations of Compliance (DoC) requirements. The previous wording required identification of both intermediate materials and final food contact articles within the same declaration.
However, this approach raised concerns for manufacturers and converters regarding the potential disclosure of confidential supply chain information. The correction modifies the requirement so that the declaration must specify the identity of the intermediate food contact material OR the final food contact article for which the declaration is issued.
This adjustment ensures transparency and traceability, while allowing companies to protect sensitive commercial information.
Conclusion
Regulation (EU) 2026/250 represents a technical but important step in refining the EU’s regulatory framework regarding bisphenols. By resolving inconsistencies in terminology, analytical protocols and documentation standards, the Commission has provided the clarity required for application across the EU. Rather than introducing new restrictions, this measure ensures that existing rules are enforceable. Ultimately, these corrections provide a stable regulatory environment as safety standards continue to evolve.
