COMMI SSION REGUL ATION (EU) 2022/1370 
of 5 August 2022
amending Regulation (EC) No 1881/2006 as regards maximum levels of ochrato xin A in certain 
foodstuff s 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng regard to Council Regulation (EEC) No 315/93 of 8 Febr uary 1993 laying down Community procedures for 
contaminants in food (1), and in particular Article 2(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 1881/2006 (2)sets maximum levels for certain contaminants, including ochrat oxin 
A, in foodstuffs.
(2) Ochrato xin A is a mycotoxin naturally produced by fungi of the genus Aspergillus and Penicillium and is found as a 
contaminant in a wide variety of foods, such as cereals and cereal products, coffe e beans, dried fruits, wine and 
grape juice, spices and liquor ice. Ochrat oxin A is formed during sun drying and storag e of crops. The formation can 
be prevented by applying good drying and storag e practices.
(3) In 2020, the European Food Safety Auth ority (‘the Author ity’) adopt ed an update of the scientifi c opinion on 
ochrato xin A in food (3). The Author ity considered that it was not appropr iate to establish a health based guidance 
value for ochrato xin A and that the Tolerable Weekly Intake of 120 ng/kg body weight (bw) as established by the 
Authority in 2006 is consequently no long er valid. It further concluded that the calculat ed margins of exposure for 
carcinog enic effects of ochrato xin A indicate a possible health concer n for certain consumer groups.
(4) Maximum levels for ochrat oxin A have already been established for certain foods by Regulation (EC) No 1881/2006. 
Taking into account that ochrato xin A has been found in foods for which no maximum level has been established yet 
and which contr ibut e to the human exposure to ochrat oxin A, it is appropr iate to set a maximum level also for these 
foods such as dried fruit other than dried vine fruit, certain liquor ice products, dried herbs, certain ingredients for 
herbal infusions, certain oilseeds, pistac hio nuts and cocoa powder . Even if the relationship between the level of 
ochrato xin A in malt and in non-alcoholic malt beverages, and in dried dates and date syrup needs to be further 
clarified, it is also appropr iate to set already a maximum level in non-alcoholic malt beverages and date syrup. Also 
taking into account the available occur rence data, it is appropr iate to lower the existing maximum levels of 
ochrato xin A in certain foods, such as bake ry products, dried vine fruit, roasted coffee and soluble coffee . In 
addition, the existing provis ions for ochrat oxin A in certain spices has been broadened to all spices. For cheese and 
ham, additional monitori ng on the presence of ochrat oxin A is appropr iate before establishing maximum levels.
(5) Regulation (EC) No 1881/2006 should theref ore be amended according ly.
(6) To enable economic operat ors to prepare for the new rules introduced by this Regulation, it is appropr iate to provid e 
for a reasonable time until the new maximum levels apply . It is also appropr iate to provide for a transitional period 
for foodstuffs lawfully placed on the market before the date of application of this Regulation.
(7) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed,
(1)OJ L 37, 13.2.1993, p. 1.
(2)Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs 
(OJ L 364, 20.12.2006, p. 5).
(3)Scientific Opinion on the risk assessment of ochrat oxin A in food. EFSA Jour nal 2020; 18(5):6113, 150 pp. https://doi.org/10.2903/j. 
efsa.2020.6113 .EN Offi cial Jour nal of the European Union 8.8.2022 L 206/11  HAS ADOPTED THIS REGUL ATION:
Article 1
The Annex to Regulation (EC) No 1881/2006 is amended in accordance with the Annex to this Regulation.
Article 2
Foodstuffs listed in the Annex, lawfully placed on the mark et before 1 Januar y 2023 , may remain on the market until their 
date of minimum durability or use-by- date .
Article 3
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union.
It shall apply from 1 Januar y 2023 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 August 2022 .
For the Commission
The President
Ursula VON DER LEYENEN Offi cial Jour nal of the European Union L 206/12 8.8.2022  ANNEX 
In section 2 of the Annex to Regulation (EC) No 1881/2006, entr y 2.2 is replaced by the follo wing:
Foodstuffs (1) Maximum level (μg/kg)
‘2.2 Ochrato xin A
2.2.1 Unprocessed cereals (18) 5,0
2.2.2 All products, derived/processed from unprocessed cereals, with the excep tion of 
foodstuffs listed in 2.2.3, 2.2.4, 2.2.5, 2.2.12 and 2.2.13
Cereals placed on the market for the final consumer3,0
2.2.3 Baker y wares, cereal snac ks and breakf ast cereals
— products not containing oilseeds, nuts or dried fruit
— products containing at least 20 % dried vine fruit and/or dried figs
— other products containing oilseeds, nuts and/or dried fruit2,0
4,0
3,0
2.2.4 Non-alcoholic malt beverag es 3,0
2.2.5 Wheat gluten not placed on the market for the final consumer 8,0
2.2.6 Dried fruit
— dried vine fruit (cur rants, raisins and sultanas) and dried figs
— other dried fruit8,0
2,0
2.2.7 Date syrup 15
2.2.8 Roast ed coffee
— roaste d coffee beans and ground roasted coffee , excl uding soluble coffee
— soluble coffee (instant coffee)3,0
5,0
2.2.9 Wine (including sparkling wine, excl uding liqueur wine and wine with an alcoholic 
strength of not less than 15 % vol.) and fruit wine (11)2,0 (12)
2.2.10 Aromatised wine, aromatised wine-based drinks and aromatised wine-product 
cock tails (13)2,0 (12)
2.2.11 Grape juice, concentrated grape juice as reconstitute d, grape nectar , grape must and 
concentrat ed grape must as reconstituted , placed on the mark et for the final 
consumer (14)2,0 (12)
2.2.12 Processed cereal-based foods for infants and young children and baby foods (3) (7) 0,50
2.2.13 Dietar y foods for special medical purposes intended for infants and young children 
(3) (10)0,50
2.2.14 Spices, including dried spices, excep t Capsicum spp.
Capsicum spp. (dried fruits thereof, whole or ground, including chillies, chilli powder , 
cayenne or papr ika)
Mixtures of spices15
20
15
2.2.15 Liquor ice (Glyc yrrhiza glabra, Glycyr rhiza inflate and other species)
— liquor ice root, including as an ingredient in herbal infusions
— liquor ice extract (42) for use in food in particular beverages and confecti onar y
— liquor ice confectionary containing ≥ 97 % liquor ice extract on dry basis
— other liquor ice confecti onar y20
80
50
10,0EN Offi cial Jour nal of the European Union 8.8.2022 L 206/13  2.2.16 Dried herbs 10,0
2.2.17 Ginger roots for use in herbal infusions
Marshmallo w roots, dandelion roots and orang e blossoms for use in herbal infusions 
or in coffee substitutes15
20
2.2.18 Sunf lowe r seeds, pumpk in seeds, (water) melon seeds hem pseeds, soybeans 5,0
2.2.19 Pistac hios to be subjected to sorting, or other physical treatment, before placing on 
the mark et for final consumer or use as ingredient in food
Pistac hios placed on the mark et for final consumer or use as ingredient in foodstuffs10,0
5,0
2.2.20 Cocoa powder 3,0’EN Offi cial Jour nal of the European Union L 206/14 8.8.2022