Food Contact Materials
Import of polyamide and melamine plastic kitchenware from China and Hong Kong
Regulation (EC) No. 882/2004 establishes a harmonised framework of general rules for the organisation of official controls to ensure compliance with feed and food law, animal health, animal welfare and plant health. The Regulation includes specific requirements for the import into the European Union of food and feed of non-animal origin from third countries.
Regulation (EC) No. 882/2004 provides for the establishment of special import conditions by the Commission where they are not provided for by Community law (Article 48(1).
The European Commission has decided to introduce a Regulation imposing certain restrictions on the importation of polyamide and melamine plastic kitchenware from China and Hong Kong due to the unacceptable levels of primary aromatic amines (PAA) and formaldehyde which have been found in these products. It applies from 1st July 2011 (Regulation (EU) No 284/2011)
The following import conditions and detailed procedures apply:
- Plastic kitchenware is defined in accordance with Directive 2002/72/EC (plastic materials and articles intended to come into contact with foodstuffs) and falling within CN code ex 3924 10 00
- Consignment is defined but allows for multiple products or batches to be included as one consignment once they are all included on the one document and conveyed by the same means of transport
- Definitions of documentary, identity and physical checks are specified for this Regulation and are different from those in Regulation (EC) No 882/2004. A physical check must include sampling for analysis and laboratory testing
- A Declaration form must be completed for every consignment. A model of the form is set out in the Annex and is available at: Declaration of compliance under (EU) No 284/2011
- The declaration form must be accompanied by a laboratory report stating that the
- polyamide kitchenware does not release formaldehyde into food in a quantity exceeding 15mg/kg
- melamine kitchenware does not release PAA into food above the detectable level i.e. 0.01mg/kg
- Prior notification is required (at least two working days) by the importer or their representative to the competent authority at the first point of introduction
- Dublin Seaport and Dublin Airport have been designated as first points of introduction for Ireland
- Documentary checks must be carried out on all consignments within two working days of their arrival
- Identity and physical checks must be carried out at a frequency of 10% of consignments
- Results of physical checks to be available as soon as technically possible
- Products released only where the declaration form is complete and where physical checks have been carried out, the results are satisfactory
- Non-compliances with the physical checks must be notified immediately through RASFF
- Reporting to the European Commission on a quarterly basis on all official controls: templates for reporting on increased import controls have been agreed with the HSE
To support the implementation of this Regulation the European Commission has developed guidelines and procedures. Technical Guidelines including sampling and analytical methods have been produced by JRC, the European Union Reference Laboratory for Food Contact materials.
EU guidelines on conditions and procedures for the import of polyamide and melamine kitchenware originating in or consigned from People’s Republic of China and Hong Kong Special Administrative Region, China - Guidelines under Regulation (EU) No 284/2011
Technical Guidelines including sampling and analytical methods are available at the following JRC weblink
The European Commission has published the first points of introduction for the import of polyamide and melamine kitchenware from China and Hong Kong. This is available at: First points of introduction for the import of polyamide and melamine kitchenware
The declaration form set out in the Annex to the Regulation which must be forwarded to the competent authority at the first point of introduction into the European Union is available at: Declaration of compliance under (EU) No 284/2011
The competent authorities for this legislation are the Health Service Executive:
Health Service Executive: Food
porthealth@hse.ie
Telephone: 003553(0)1 8098300
Last reviewed: 4/7/2011