Food Contact Materials in the EU: Between Fragmentation and Reform

Food is commonly associated with ingredients, storage, and expiration dates. However, a less visible but significant risk lies in contamination from Food Contact Materials (FCMs). These are substances used in food packaging, processing, storage, transport and distribution that can transfer chemicals into food (European Commission, 2020). Exposure to these chemicals has been linked to serious health concerns, including hormone disruption, cancer, and metabolic disorders (Interreg Baltic Sea Region, 2025).

Evolution of EU legislation on FCMs

The first directive on FCMs was introduced in 1976 and remained in force until 2004 without being evaluated. In 2004, the directive was replaced by Regulation (EC) No 1935/2004, which aims to ensure a high level of protection of human health and consumer interests, additionally ensure the effective functioning of the internal market. The regulation guarantees that chemical substances do not migrate into food at levels that could harm human health and requires labelling and traceability (Article 15 and 17 Regulation (EC) No 1935/2004).

Policy developments

As part of the European Green Deal, a broad climate strategy launched by the European Commission in 2019, the Farm to Fork Strategy was introduced in 2020. The Farm to Fork Strategy commits to revising the FCMs legislation to improve food safety and public health; encourage the use of sustainable packaging solutions made of recyclable and environmentally friendly materials; and help reduce food waste (European Commission, 2020). The 2022 evaluation of FCM legislation found that the current legislation does not effectively achieve its objective of securing a high level of protection for human health and consumers’ interests.

Regulatory gaps and coherence with chemical policy

• Current EU legislation harmonises only five FCMs, namely plastics, ceramics, regenerated cellulose, and active and intelligent materials, where all other materials remain under the responsibility of Member States. This has resulted in a patchwork of national regulations across the EU and varying standards for product safety. The positive authorised list approach ensures only pre-approved substances are used, but it also creates complexity and high administrative burdens for authorities and industry. Extending this system to other materials, such as inks, rubbers, and adhesives, makes harmonisation difficult, and it could take around 500 years to assess all substances in non-harmonised FCMs (European Commission, 2020).

  
  

• Existing regulation does not consistently prioritise the most hazardous substances across all food contact materials. Reviews by the Commission highlight a lack of coherence compared with other EU chemicals legislation, particularly in applying a precautionary approach. While the Chemicals Strategy supports stricter, more generic regulation of high-concern substances, the FCM framework does not yet fully reflect this approach or extend it to other hazardous chemicals. It also lacks a mechanism to quickly integrate new scientific evidence, including data from the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) regulation.

  
  

• In response to these challlanges, the Inception Impact Assessment (now referred to as a Call for Evidence) proposed two options: either use the current regulation as a cornerstone or completely replace the regulation from 2004. Despite ongoing dicussions, the revision of FCMs legislation has not yet been proposed.

  
  

  In 2025, the Packaging and Packaging Waste Regulation 2025/40 (PPWR) entered into force on and will generally apply from 12 August 2026, which established rules towards sustainability and labelling requirements. PPWR also puts restrictions on per-and polyfluoroalkyl substances (PFAS) in food packaging, which is directly relevant to FCMs, as it strengthens chemical safety requirements for materials in contact with food.

  While recent policy iniciatvies such as the Green Deal and PPWR represent progress, the broader FCM regulatory framework remains fragmented and incomplete. To ensure high levels of consumer protection and alignment with the EU’s sustainability objectives, addressing these gaps is essential.