On December 17, 2025, the Official Journal of the European Union published the European Commission's guidance document for the implementation of Commission Regulation (EU) 2024/3190. The guidance provides a compliance roadmap for businesses using Bisphenol A (BPA) or its alternatives (such as BPS, BADGE, or Bisphenol AF) in materials, coatings, inks, or adhesives, addressing key aspects through 40 Q&As covering the scope of application, other bisphenols and bisphenol derivatives, compliance and testing, market placement, and transitional provisions.
Scope of Application
- The use of BPA in the manufacture of food contact materials (e.g., plastics, coatings, inks, adhesives) is prohibited.
- Paper and cardboard are not subject to the ban. However, if combined with other regulated materials, the entire product must comply.
- Recycled materials containing only trace amounts of BPA (non-intentionally added) are exempt from the ban.
- The regulation does not apply to enamelware, materials contacting pet food, or external parts not intended to come into contact with food.
Other Bisphenols
- BPA derivatives (e.g., BADGE) are not entirely banned but must be free from BPA residues.
- Five bisphenols, including BPS, BPAF, and TBBPA, are uniformly classified as "hazardous bisphenols" due to reproductive toxicity or carcinogenicity and are prohibited, except under specific authorization.
- Companies needing to use these hazardous substances must apply to the EU for authorization and submit safety assessment data required by EFSA.
Compliance and Testing
- Laboratory testing is not mandatory, but companies must demonstrate the absence of BPA use through documentation, such as a Declaration of Compliance (DoC).
- If other bisphenols are used, it must be ensured that they contain no BPA residue (with a detection limit of 1 μg/kg).
- All regulated materials (even those not using BPA) must be accompanied by a DoC, covering both intermediate and final products.
Market Placement and Transitional Provisions
- The regulation takes effect from January 20, 2025, but includes transition periods:
- Single-use food contact materials: Can be sold until July 20, 2026, at the latest (some, like fruit and vegetable packaging, until January 20, 2028).
- Reusable food contact articles (e.g., beverage bottles, kitchenware): Can be sold until July 20, 2027 (some professional equipment until January 20, 2029).
- Imported products are subject to the same rules as those produced within the EU.
- After the transition periods end, products already on the market may continue to be sold until stocks are depleted but cannot be placed on the market anew.
Further Information
