Voluntary Report - public distribution

**Date:** 12/13/2004

**GAIN Report Number:** E34103

E34103

**EU-25**

**Food and Agricultural Import Regulations and Standards**

**Food Contact Materials - Active and Intelligent Packaging**

**2004**

**Approved by:**

![](media/image1.wmf)Stan Cohen

U.S. Mission to the EU

**Prepared by:**

Hilde Brans

**Report Highlights:**

European Parliament and Council Regulation 1935/2004 allows the
introduction of \"active\" and \"intelligent\" packaging and establishes
the main requirements for their use. It also sets out labeling and
traceability requirements.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Brussels USEU \[BE2\]

\[E3\]

**Food Contact Materials -- Active and Intelligent Packaging**

On October 27, 2004, the EU adopted European Parliament and Council
Regulation 1935/2004 (published in Official Journal L 338 of November
13, 2004) on materials and articles intended to come into contact with
food. The new regulation repeals and replaces Directives 80/590/EEC and
89/109/EEC. It entered into force on November 16, 2004 except for the
provisions on traceability which will apply from October 27, 2006.

The new regulation takes a more modern approach to the principle that
food contact materials should not interact with the food they contain.
It allows the introduction of "active" and "intelligent" packaging and
establishes the main requirements for their use. Additional requirements
will be proposed in specific measures and will include positive lists of
authorized substances and/or materials. Annex I to the new regulation
lists the groups of materials for which specific measures may be
adopted.

"Active" packaging is defined as materials designed to release active
components into the food or to absorb substances from the food with the
purpose of extending the shelf-life or maintaining or improving the
condition of packaged food. "Intelligent" packaging means food contact
materials which monitor the condition of packaged food and display
information about the freshness of the food. These new types of
packaging should not change the composition or organoleptic properties
of food or give information that could mislead consumers. Active
packaging should not contain substances intended to mask the spoilage of
food.

Adequate labeling must provide information on the safe and correct use
of active packaging. The new regulation also establishes traceability
requirements to identify the origin and destination of food contact
materials. A safeguard clause allows member states to take emergency
measures. The regulation also sets out the procedure for the
authorization of substances through the European Food Safety Authority.

Regulation 1935/2004 can be downloaded from the Internet at
<http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2004/l_338/l_33820041113en00040017.pdf>.

**Visit our website:** our website
**[www.useu.be/agri/usda.html]{.underline}** provides a broad range of
useful information on EU import rules and food laws and allows easy
access to USEU reports, trade information and other practical
information. E-mail: AgUSEUBrussels@usda.gov

**Related reports from USEU Brussels:**

  ------------------------------------------------------------ ------------------------------------ ------------------
  **Report Number**                                            **Title**                            **Date Released**

  E23222                                                       Food Contact Materials -- EU         11/21/2003
                                                               Proposal                             

  These reports can be accessed through our website                                                 
  [www.useu.be/agri](http://www.useu.be/agri) or through the                                        
  FAS website                                                                                       
  <http://www.fas.usda.gov/scriptsw/attacherep/default.asp>.                                        
  ------------------------------------------------------------ ------------------------------------ ------------------