On 13 November 2004 the new Framework Regulation on materials and articles intended for food contact was published in the Official Journal.

The Framework Regulation (EC) 1935/2004 (L338/4) states that food contact materials shall be safe. They shall not transfer their components into the food in quantities that could endanger human health, change the composition of the food in an unacceptable way or deteriorate the taste and odour of foodstuffs.

The Regulation also includes the following provisions :

• If an article is intended for food contact it shall be labelled for food contact or bear the symbol with a glass and fork. In cases where the intention for food contact is obvious by the nature of the article e.g. knife, fork, wine glass, this labelling is not obligatory.
• Labelling, advertising and presentation of food contact materials shall not mislead the consumer.

The Regulation establishes 17 groups of materials and articles which may be covered by specific measures :

• active and intelligent materials and articles
• adhesives
• ceramics
• cork
• rubbers
• glass
• ion-exchange resins
• metals and alloys
• paper and board
• plastics
• printing inks
• regenerated cellulose
• silicones
• textiles
• varnishes and coatings
• waxes
• wood

Up to now specific measures exist for ceramics, regenerated cellulose and plastics.

On active and intelligent packaging the Regulation includes definitions and it specifies that these materials and articles may induce changes in the foodstuff, only, if the food then still complies with the Community provisions applicable to food such as those on food additives. These materials and articles shall especially not be used to mask spoilage of the food and shall not mislead the consumer.

The Regulation lays down the procedure to be followed for authorisation of substances to be used in food contact materials and articles including the evaluations of the European Food Safety Authority, and the opinion of the Standing Committee on the Food Chain and Animal Health (SCFCAH).

From 26 October 2006 food contact materials and articles shall be traceable throughout the production chain.

The Regulation enters into force 3 December 2004 and replaces the Framework Directive 89/109/EEC and Directive 80/590/EEC.