EU ban on BPA in food contact materials: the main transition period has ended

The use of bisphenol A, commonly known as BPA, in food contact materials and articles has been significantly restricted in the European Union. The new requirements were introduced by Commission Regulation (EU) 2024/3190, which applies not only to plastic products but also to varnishes and coatings, printing inks, adhesives, ion-exchange resins, silicones and rubber used in the manufacture of food contact materials.

The Regulation entered into force on 20 January 2025 and introduced an 18-month transition period for most affected products. This main transition period ended on 20 July 2026. As a general rule, new materials and articles manufactured using BPA under the previous requirements may therefore no longer be placed on the EU market for the first time after this date, unless they fall within a specific derogation or an extended transitional provision. is BPA and why has its use been restricted?

Bisphenol A is a chemical substance that has traditionally been used in the manufacture of polycarbonate plastics and epoxy resins. BPA could be found, for example, in certain reusable plastic drinking bottles, water dispensers, kitchenware and the protective internal coatings of metal food cans and beverage containers.

The European Commission adopted the new restrictions following a scientific assessment by the European Food Safety Authority. The decision was based on concerns about the potential adverse effects of BPA on human health, including possible effects on the immune system. The Regulation builds upon earlier EU restrictions, including the prohibition of BPA in infant feeding bottles and certain products intended for young children. an does not apply only to polycarbonate plastics

A common misunderstanding is that the new requirements apply only to polycarbonate bottles or plastic containers. The scope of Regulation (EU) 2024/3190 is considerably broader.

The Regulation controls the use of BPA and other hazardous bisphenols in the manufacture of the following groups of food contact materials and articles:

• adhesives,
• rubbers,
• ion-exchange resins,
• plastics,
• printing inks,
• silicones,
• varnishes and coatings.

The requirements may therefore affect not only manufacturers of plastic packaging and kitchenware but also manufacturers of coated metal packaging, closures, lids, tanks, filtration systems, food-processing equipment and other multilayer or combined products.

Compliance cannot be assessed solely on the basis of the main material from which a product is manufactured. Individual layers, coatings, adhesives, printing inks, seals and other components that may come into direct or indirect contact with food must also be considered.

What changed on 20 July 2026?

For most single-use and repeat-use final food contact articles, 20 July 2026 marked the end of the main period during which articles manufactured using BPA in accordance with the previous rules could be placed on the market for the first time.

The expression “first placed on the market” is important. The end of the transition period does not automatically mean that every product already present in the distribution chain had to be withdrawn from sale on 21 July 2026. The following aspects should be reviewed for each product:

• its date of manufacture,
• the date on which it was first placed on the EU market,
• whether it is a single-use or repeat-use article,
• its precise intended purpose and conditions of use,
• whether it belongs to a category covered by an extended transition period,
• whether it was lawfully placed on the market before the relevant deadline.

Repeat-use final food contact articles that were first placed on the market during the main transition period may remain on the market until 20 July 2027. Certain specific categories benefit from longer transitional arrangements, under which continued availability on the market may be possible until 20 January 2029. These dates were clarified in 2026 by Commission Regulation (EU) 2026/250. here any derogations from the BPA ban?

The prohibition is not absolute. Regulation (EU) 2024/3190 permits the use of BPA in a very limited number of precisely defined applications for which technically suitable alternatives are not currently available.

Annex II includes, for example, the use of BPA:

• as a monomer or other starting substance in the manufacture of liquid epoxy resins to be applied to self-supporting food contact materials or articles with a capacity exceeding 1,000 litres,
• as a monomer or other starting substance in the manufacture of polysulfone filtration membrane assemblies.

Specific restrictions continue to apply to these derogations. Migration of BPA into food must not be detectable at the prescribed detection limit. The derogations cannot therefore be interpreted as a general authorisation to use BPA in all epoxy coatings or filtration products. The application must correspond exactly to the use listed in the Regulation, and the manufacturer must be able to demonstrate compliance with all applicable conditions. hazardous bisphenols are also regulated

The legislation is not limited to bisphenol A. It also restricts the use of other bisphenols and bisphenol derivatives with a harmonised classification for certain hazardous properties, particularly substances classified for adverse effects on reproduction or for endocrine-disrupting properties.

Replacing BPA with another bisphenol does not automatically make a material compliant. The manufacturer must verify the chemical identity of the substitute, its classification and the applicable conditions of use.

Where another bisphenol or bisphenol derivative is used in the manufacturing process, it may also be necessary to determine whether the finished material contains residual BPA. Depending on the material composition, production process and intended use, migration testing or determination of residual content using a suitable extraction method may be required.

Is new product testing required?

A supplier’s general statement that a product is “BPA free” may not always provide sufficient evidence of compliance. The necessary level of verification depends on the material concerned, its composition, the manufacturing process and the supporting documentation available.

Manufacturers and importers should review, in particular:

• the complete material composition of the product,
• technical data sheets and statements supplied by raw-material suppliers,
• the use of bisphenols or bisphenol derivatives in production,
• the possible presence of BPA as an impurity or residual substance,
• existing migration testing and analytical methods,
• the intended food-contact conditions,
• the accuracy and validity of the declaration of compliance.

Laboratory testing may be required where the absence of BPA cannot be reliably established from composition and documentary evidence. When verifying BPA migration or residual content, the Regulation generally refers to a detection limit of 1 μg/kg, unless another detection limit applies to a specific method or application. should reflect the actual or reasonably foreseeable conditions of use. Relevant factors may include the type of food, contact time and temperature, repeat use, sterilisation, washing and exposure to high temperatures.

Declarations of compliance must reflect the new requirements

Regulation (EU) 2024/3190 introduced a declaration of compliance requirement for materials and articles falling within its scope. The declaration must be available at all stages of marketing other than the retail stage involving sale to the final consumer.

The declaration must identify the relevant business operator, manufacturer or importer and the material, intermediate material or final food contact article concerned. It must also confirm compliance with the Regulation and provide information on the bisphenols and bisphenol derivatives used in manufacture.

For plastic materials and articles, this information may be incorporated into the declaration of compliance prepared under Commission Regulation (EU) No 10/2011. Two separate declarations are therefore not necessarily required, provided that the combined document contains all mandatory information required under both Regulations. ar attention should be paid to older declarations of compliance issued before Regulation (EU) 2024/3190 was adopted. Such documents often refer only to Regulation (EU) No 10/2011 or to the repealed Regulation (EU) 2018/213 and may not sufficiently address the new requirements concerning BPA and other bisphenols.

What should manufacturers and importers do?

Following the end of the main transition period, manufacturers, importers and distributors of food contact materials should review their product portfolios.

A recommended compliance process includes:

1. identifying all materials, layers and components of the product,
2. obtaining up-to-date information from suppliers,
3. verifying the use of BPA and other bisphenols,
4. assessing the continued validity of existing test reports,
5. completing or commissioning any necessary laboratory testing,
6. updating the declaration of compliance,
7. retaining adequate supporting documentation for market surveillance,
8. verifying when older articles were first placed on the EU market.

Particular care is required for products imported from outside the European Union. The EU importer is responsible for compliance and should not rely solely on general claims such as “food grade” or “BPA free” without adequate technical documentation.

Compliance assessment of food contact materials

PRVÁ CERTIFIKAČNÁ provides professional services in the field of food contact materials and articles. We review available technical documentation, determine the necessary scope of laboratory testing, arrange product testing and prepare or update declarations of compliance.

Our assessment considers the material composition of the product, its intended use, the types of food involved, contact time and temperature, repeat use and any other conditions that may influence product safety and the necessary testing programme.

Where there is uncertainty as to whether the new BPA restrictions apply to a particular product, the documentation should be reviewed before the product is manufactured, imported or placed on the market.