Food Contaminants: new Regulation (EU) 915/2023

Increase attention to contaminants. This is the direction taken by the new Regulation (EU) 915/2023 which, as of May 25th 2023, will replace the previous Regulation (EC) 1881/2006. The new provisions regulate maximum levels in food related to mycotoxins, plant toxins, halogenated POPs - such as dioxins, PCB and perfluoroalkyl substances -, metals and other contaminants.

Repealed Regulation (EC) 1881/2006

In order to improve the readability of the provisions, which have undergone more than 37 amendments and 5 corrigenda over the years, the European Commission has deemed it appropriate to repeal Regulation (EC) 1881/2006 in favor of the new Regulation (EU) 915/2023.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read according to the correlation table in Annex II below.

Annex II - Correlation table

Regulation (EC) 1881/2006	Regulation (EU) 915/2023
Article 1	Article 2
Article 2, paragraphs1, 2 e 3	Article 3, paragraphs 1, 2 e 3
Article 2, paragraphs 4	Article 3, paragraphs 3
Article 3, paragraphs 1 e 2	Article 2, paragraphs 1 e 2
Article 3, paragraphs 3	Article 5, paragraphs 3
Article 3, paragraphs 4	Article 4
Article 4	Article 5
Article 5	Article 6
Article 6	Annex I, points 6.1.3.1, 6.1.3.3 and 6.1.4.1
Article 7	Article 7
Article 8	-
Article 9	Article 8
Article 10	Article 9
Article 11	Article 10
Article 12	Article 11
Annex	Annex I

Annex II – Correlation table referred to in Article 9 of Reg. (EU) 915/2023

What's new in Regulation (EU) 915/2023

The new regulation is expected to maintain the maximum contents of Regulation (EC) 1881/2006 as amended so far. However, a number of new features and changes have been introduced.

• The definitions of the following were introduced: food, food business operator, placing on the market, final consumer, processing, unprocessed products, processed products.
• A ban on detoxification has been introduced, whereby food containing contaminants listed in Annex I may not be subjected to detoxification by chemical treatment. The ban was previously only on food containing the contaminants mentioned in Section II of Annex.
• The new limit for melamine in liquid infant formula already introduced by Codex Alimentarius has been implemented.
• A number of exceptions to the general rules in Article 2 were introduced in Article 7 for the markets of Finland, Sweden, Latvia (and other member countries) as regards certain local and/or traditional products.
• New transitional measures were introduced in Article 10 for the placing on the market of certain foods containing certain contaminants:
  1. Food that has been legally placed on the market before the dates in (a) to (k) of Article 10 may remain on the market until the minimum shelf life or expiration date.
  2. Foods that were legally placed on the market before July 1, 2022 may remain on the market until December 31, 2023 with regard to the maximum levels of pyrrolizidine alkaloids in Annex I, Section 2.4.
  3. The burden of proof of the date products were legally placed on the market lies with the food business operator.

Regulation (EU) 915/2023 will come into force on May 25th 2023. LabAnalysis laboratories and experts are available to food manufacturers with a wide range of services for the proper management of contamination risk and its quantification, in full compliance with the main regulations and according to the highest quality standards.

Further information
info@labanalysis.it

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