COMMI SSION REGUL ATION (EU) 2023/465 
of 3 March 2023
amending Regulation (EC) No 1881/2006 as regards maximum levels of arsenic in certain foods 
(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 in foodstuffs, 
including inorg anic arsenic in a range of foodstuffs.
(2) Arsenic is a ubiquit ous metalloid present at low concentrations in rocks, soil and natural ground water . In addition, 
anthropog enic activity has also contr ibuted to increase the levels of arsenic in the environment through industr ial 
emissions (mining, smelting of non-f errous metals and burning of fossil fuels) as well as with the use of arsenic as 
part of fertilisers, wood preser vatives, insecticides or herbicides. Although dermal and inhalation exposure is 
possible, food and drinking wate r are the principal routes of exposure to arsenic.
(3) On 12 October 2009 , the Scientifi c Panel on Contaminants in the Food Chain (‘the CONT AM Panel’) of the 
European Food Safe ty Author ity (‘the Author ity’) adopt ed an opinion on arsenic in food (3). In that opinion, the 
CONT AM Panel concluded that the provisional tolerable weekly intake (PTWI) of 15 μg/kg body weight (b.w .), 
established by the Joint FAO/WHO Exper t Committ ee on Food Additives (‘JECF A’) was no long er appropr iate, as 
data had shown that inorganic arsenic causes cancer of the lung, of the urinar y bladder and the skin, and that a 
range of adverse effects had been repor ted at exposures lowe r than those reviewed by the JECF A.
(4) The CONT AM Panel identif ied a range of ‘benc hmark dose lowe r conf idence limit ’ (BMDL01) values between 0,3 
and 8 μg/kg b.w. per day for cancers of the lung, skin and bladder , as well as skin lesions. In its scientific opinion, 
the CONT AM Panel concluded that the estimat ed dietar y exposures to inorg anic arsenic for average and high level 
consumers in Europe are within the rang e of the BMDL01 values identif ied, and that theref ore the possibility of a 
risk to some consumers cannot be excluded.
(5) The scientific opinion identified high consumers of rice in Europe, such as certain ethnic groups and children under 
three years of age, as most subjected to inorg anic arsenic dietar y exposure. Dietar y exposure to inorg anic arsenic for 
children under three years old, including from rice-based foods, was estimat ed to be about 2 to 3-fold that of adults.
(6) In its scientifi c repor t of 2014 (4)on the dietar y exposure to inorg anic arsenic in the European population, the 
Authority identif ied grain-based products as the main contr ibutor to the exposure, and rice, milk and dair y 
products as impor tant contr ibutors. However , the hete rogeneity of the food consump tion data, the convers ion of 
total arsenic to inorganic arsenic and the treatment of left censored data represent ed signif icant uncer tainties in the 
exposure assessment.
(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)EFSA Panel on Contaminants in the Food Chain (CONT AM); Scientific Opinion on Arsenic in Food. EFSA Journal 2009; 7(10):1351, 
https://efsa.onlinelibrar y.wiley .com/doi/epdf/10.2903/j.efsa.2009.1351 .
(4)Scientific repor t of EFSA on the dietar y exposure to inorganic arsenic in the European population, EFSA Journal 2014; 12(3): 3597, 
https://efsa.onlinelibrar y.wiley .com/doi/epdf/10.2903/j.efsa.2014.3597 .EN Offi cial Jour nal of the European Union 6.3.2023 L 68/51  (7) In light of that information, Commission Regulation (EU) 2015/1006 (5)set maximum levels for the presence of 
inorg anic arsenic only in rice and rice-based products and in accordance with Commission Recommendation 
(EU) 2015/1381 (6), Member States were called upon to monitor , during 2016, 2017 and 2018, the presence of 
arsenic in foods, preferably by determining the content of inorganic and total arsenic and, if possible, other relevant 
arsenic species, in a wide variety of foods.
(8) In its scientific repor t of 2021 (7), the Auth ority assessed the chronic dietar y exposure to inorg anic arsenic, taking 
into account the most recent occur rence data for inorganic arsenic in food. It concluded that across the differ ent age 
classes, the main contr ibut ors to the dietar y exposure to inorg anic arsenic were rice, rice-based products, grains and 
grain-based products not containing rice and drinking water . The Author ity has further concluded that particular 
foodstuffs indicate d for the young population (e.g. cereal-based food for infants and young children and biscuits, 
rusks and cookies for children, infant formulae, follow-on formulae, foods for special medical purposes intended for 
infants and young children and young child formulae, baby foods and fruit juices) made a relevant contr ibution in 
the dietar y exposure to inorganic arsenic in this population group.
(9) The existing mean and 95th percentile exposures to arsenic in food still lie within the rang e of the BMDL01 values 
identif ied in the CONT AM Panel scientifi c opinion of 2009. It is theref ore appropr iate to establish new maximum 
levels for commodities contr ibuting to exposure to arsenic and lower existing maximum levels, where feasible on 
the basis of the occur rence data.
(10) The Codex Alimentar ius sets a maximum level of 0,5 mg/kg for total arsenic in salt (8). It is appropr iate to set the 
same maximum level in Union legislation.
(11) Regulation (EC) No 1881/2006 should theref ore be amended according ly.
(12) Taking into account that certain foodstuffs covered by this Regulation have a long shelf life, foodstuffs that were 
lawfully placed on the market before the date of application of this Regulation should be allowed to remain on the 
mark et.
(13) 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,
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 that were lawfully placed on the mark et before the entr y into force of this Regulation may remain on the mark et 
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.
(5)Commission Regulation (EU) 2015/1006 of 25 June 2015 amending Regulation (EC) No 1881/2006 as regards maximum levels of 
inorgan ic arsenic in foodstuffs (OJ L 161, 26.6.2015, p. 14).
(6)Commission Recommendation (EU) 2015/1381 of 10 August 2015 on the monit oring of arsenic in food (OJ L 213, 12.8.2015, p. 9).
(7)Scientific repor t of EFSA on the chronic dietar y exposure to inorganic arsenic, EFSA Journal 2021; 19(1): 6380, https://efsa. 
onlinelibrar y.wiley .com/doi/epdf/10.2903/j.efsa.2021.6380 .
(8)Codex General Standard for Contaminants and Toxin in Foods and Feeds – GSCTFF (CODEX STAN 193-1995).EN Offi cial Jour nal of the European Union L 68/52 6.3.2023  This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2023 .
For the Commission
The President
Ursula VON DER LEYENEN Offi cial Jour nal of the European Union 6.3.2023 L 68/53  ANNEX 
In Section 3 of the Annex to Regulation (EC) No 1881/2006, subsection 3.5 Arsenic (inorganic) is replaced by the 
follo wing:
Foodstuffs (1)Maximum 
levels (mg/kg wet 
weight)
‘3.5 Arsenic (inorganic arsenic for 3.5.1 to 3.5.4 and total arsenic for 3.5.5) (50)
3.5.1 Cereals and cereal based products (51)
3.5.1.1 Non-parboiled milled rice (polished or whit e rice) 0,15
3.5.1.2 Parboiled and huske d rice 0,25
3.5.1.3 Rice flour 0,25
3.5.1.4 Rice waff les, rice wafers, rice crack ers, rice cake s, rice flakes and popped breakfast rice 0,30
3.5.1.5 Rice destined for the production of food for infants and young children (3)0,10
3.5.1.6 Non-alcoholic rice-based drinks 0,030
3.5.2 Infant formulae (3) (29), follo w-on formulae (3) (29), foods for special medical purposes 
intended for infants and young children (3) (29) and young child formulae (29) (57).
3.5.2.1 -marke ted as powder 0,020
3.5.2.2 -marke ted as liquid 0,010
3.5.3 Baby foods (3),(29)0,020
3.5.4 Fruit juices, concentrat ed fruit juices as reconstituted and fruit nectars (14)0,020
3.5.5 Salt 0,50 ’EN Offi cial Jour nal of the European Union L 68/54 6.3.2023