Food contact: new EU rules for plastic packaging

On 28 October 2026 the European Commission adopted Regulation (EU) 2026/2412. It amends Annex I to Regulation (EU) No 10/2011, which sets out the substances that may be used to make plastic materials intended to come into contact with food. Four substances are added to the list, each with its own conditions. Packaging manufacturers and companies that pack food need to check formulations, testing and declarations of compliance. This comes on top of the PPWR, which has required extensive documentation since August 2026. This article explains what changes, which duties apply under food contact law and how companies can handle both together.

Legal act

Commission Regulation (EU) 2026/2412

Adopted

28 October 2026

Amends

Annex I to Regulation (EU) No 10/2011 (plastics)

Content

Four new substances (FCM No 1086, 1087, 1088, 1090), two new testing notes

Entry into force

20 days after publication, mid-November 2026

Transition period

None, directly applicable in all Member States

Affected

Plastics and packaging manufacturers, packers, importers

Also applies

PPWR (Regulation (EU) 2025/40) since 12 August 2026

What the new regulation covers

Plastic food contact materials may only be made from substances included in the Union list in Annex I to Regulation (EU) No 10/2011. Anything not on the list is not permitted. Each entry can carry conditions: permitted polymers, maximum content, food types, contact time and temperature, and above all specific migration limits, meaning the amount that may pass into the food at most. Every new entry is based on an opinion of the European Food Safety Authority (EFSA).

Regulation 2026/2412 adds four substances that EFSA assessed between 2021 and 2024. At first glance this is an extension: manufacturers may use more substances than before. The conditions are tight, however, and two entries come with new notes on compliance testing in Table 3 of Annex I.

Which duties apply under food contact law

The amendment lands in a legal framework that already contains many duties. It has several layers: Framework Regulation (EC) No 1935/2004 for all food contact materials, Regulation (EC) No 2023/2006 on good manufacturing practice, and specific measures for individual materials, above all plastics regulation 10/2011. On top of that come special rules such as Regulation (EU) 2022/1616 on recycled plastics and Regulation (EU) 2024/3190, which largely bans bisphenol A and other hazardous bisphenols in food contact materials.

• Safety: materials must not transfer constituents to food in quantities that endanger health or bring about an unacceptable change in its composition, taste or odour (Art. 3 Reg. 1935/2004).
• Listed substances only: plastic layers in contact with food may only contain substances from the Union list, under the conditions stated there (Art. 5 Reg. 10/2011).
• Migration limits: overall migration must not exceed 10 mg per dm² of contact surface (Art. 12 Reg. 10/2011), plus the specific limits for each substance. Testing uses the food simulants in Annex III.
• Declaration of compliance: at all marketing stages other than retail, a written declaration of compliance under Annex IV is required (Art. 15 Reg. 10/2011), backed by supporting documents that must be made available to authorities on request (Art. 16).
• Good manufacturing practice: a documented quality assurance and quality control system under Reg. 2023/2006.
• Labelling and traceability: materials not yet in contact with food carry the words "for food contact" or the glass-and-fork symbol (Art. 15 Reg. 1935/2004). Supply chains must be traceable (Art. 17).

The Union list changes constantly. Regulation 10/2011 has been amended again and again since 2011, several times in 2026 alone. Declarations of compliance must be renewed when composition or production changes substantially or new scientific data become available, and they should refer to the current version of the Union list. Every change to the list is therefore a reason to review existing declarations.

A second workstream next to the PPWR

The Packaging and Packaging Waste Regulation (EU) 2025/40, the PPWR, has applied since 12 August 2026. It requires a conformity assessment, technical documentation and an EU declaration of conformity for every packaging (Art. 39). Food contact law does not replace it, and the PPWR does not replace food contact law. Both apply side by side. For a plastic tray in contact with food, companies therefore need two declarations with different content, different testing and different contacts in the supply chain.

The two frameworks interlock in several places. The PPWR PFAS limits apply only to packaging in contact with food. The PPWR recycled content targets for contact-sensitive packaging can only be met with recyclate that is authorised under food law. And anyone who changes a formulation to meet a PPWR requirement, for example better recyclability, must check that the new substances are on the Union list and that migration limits are still met. This is where the additional burden comes from: every change to material or formulation has to be reflected in two sets of documentation.

1. 20 Jan 2025

   Bisphenol ban in force

   Reg. 2024/3190 bans BPA and other hazardous bisphenols in food contact materials, with transition periods.

2. 20 Jul 2026

   General bisphenol transition period ends

   The transition period ends for most applications. For certain applications it runs until 20 July 2028.

3. 12 Aug 2026

   PPWR applies

   Declaration of conformity, technical documentation and PFAS limits for food contact packaging apply.

4. 28 Oct 2026

   Regulation 2026/2412 adopted

   The Commission adds four substances to the Union list of Reg. 10/2011.

5. mid-Nov 2026

   Entry into force

   The new entries apply in all Member States without a transition period.

6. 1 Jan 2030

   PPWR recycled content targets

   Minimum shares for plastic packaging, including contact-sensitive packaging.

What companies should do now

• Check whether you are affected. If you use or plan to use PEEK, PLA, polyamide or calcium carbonate fillers for food contact, ask your suppliers whether one of the new substances is in the formulation.
• Request and review declarations of compliance. Declarations under Annex IV Reg. 10/2011 must state the new substances with their FCM number, the conditions and the conditions of use. Older declarations without this information should be renewed.
• Adjust your testing programme. Have overall migration into acidic foods tested for FCM No 1087 and specific migration for FCM No 1088. Food type, contact time and temperature must match actual use.
• Bring both sets of documentation together. Keep food contact records and PPWR documentation for each packaging in one place, so that a change to material or supplier is reflected in both.
• Combine supplier requests. One request per component covering PFAS, heavy metals, SVHC, bisphenols and food contact compliance saves follow-up questions.
• Track changes to the Union list. Reg. 10/2011 is amended several times a year. Without tracking, outdated declarations often only come to light during an inspection.