COMMI SSION REGUL ATION (EU) 2020/685 
of 20 May 2020 
amending Regulation (EC) No 1881/2006 as regards maximum levels of perchlorate 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. 
(2) On 30 Sept ember 2014, the Scientific Panel on Contaminants in the Food Chain (‘the CONT AM Panel’) of the European 
Food Safety Author ity (‘the Author ity’) adop ted a scientific opinion on the risks to public health related to the presence of 
perch lorate in food (3). The CONT AM Panel established a tolerable daily intake of 0,3 micrograms per kilogram of body 
weight per day, based on the inhibition of thyr oid iodine uptake in healthy adults. The CONT AM Panel concluded that 
the current estimated chronic dietar y exposure to perch lorate is of potential concer n, in particular for the high 
consumers in the young er age groups of the population with mild to moderate iodine deficiency . Further more, it is 
possible that current estimate d shor t-term exposure to perch lorate is of concer n for breast-f ed infants and small children 
with low iodine intake. 
(3) The CONT AM Panel recommended that Member States collect additional data on the occur rence of perchlorat e in 
food in Europe, especially in relation to vegetables, infant formula, milk and dair y products, in order to further 
reduce the uncer tainty in the risk assessment. 
(4) Commission Recommendation (EU) 2015/682 (4) was adop ted on foot of the scientific repor t with the objective of 
monitori ng the presence of perchlor ate in food, in particular in food sam pled after 1 Sept ember 2013, when 
mitig ation measures were put in place. 
(5) The Author ity carried out a human exposure assessment to perc hlorate taking into account the occur rence data 
available in its database from samples take n after 1 Sept ember 2013 and published a scientific repor t on the 
‘Dietar y exposure assessment to perch lorate in the European population’ (5) in 2017. 
(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 CONT AM Panel (EFSA Panel on Contaminants in the Food Chain), 2014. Scientific Opinion on the risks to public health relate d 
to the presence of perchl orate in food, in particular fruits and vegetab les. EFSA Journal 2014;12(10):3869, 106 pp. doi:10.2903/j. 
efsa.2014.3869 http://www .efsa.europa.eu/en/efsajournal/ pub/3869 
(4)Commission Recommendation (EU) 2015/682 of 29 Apr il 2015 on the monit oring of the presence of perchl orate in food (OJ L 111, 
30.4.2015, p. 32). 
(5)EFSA (European Food Safet y Autho rity), Arcella D, Binag lia M and Vernazza F, 2017. Scientific Repor t on the Dietar y exposure 
assessment to perchlorat e in the European population. EFSA Journal 2017;15(10):5043, 24 pp. https://doi.org/10.2903/j. 
efsa.2017.5043 EN Offi cial Jour nal of the European Union 25.5.2020                                                                                                                                           L 160/3   (6) The CONT AM Panel considered the outcome of the repor t on perc hlorate in food at its 87th plenar y meeting in 
November 2017 (6) and noted a substantial alignment of the exposure levels estimated in this repor t with those 
estimate d in the opinion of the CONTAM Panel in 2014. Given the previously established tolerable daily intake of 
0,3 μg/kg bw per day, the CONT AM Panel conf irmed the conclusion that the current chronic and shor t-term 
exposure to perc hlorate may pose a possible concer n for human health. 
(7) It is theref ore appropr iate to set maximum levels of perchlorat e both in foodstuffs which contain signif icant levels of 
perch lorate and whic h contr ibut e significantly to human exposure and in foodstuffs whic h are of relevance as 
regards the possible exposure of vulnerable groups of the population such as infants and young children. 
(8) Regulation (EC) No 1881/2006 should theref ore be amended according ly. 
(9) Food business operators should be allowed time to adapt to the new requirements set out in this Regulation. The date 
of application of the maximum levels of perc hlorate for those foodstuffs should theref ore be defe rred. 
(10) 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 liste d in the Annex to this Regulation that were lawfully placed on the mark et before 1 July 2020 may continue 
to be mark eted until their date of minimum durability or use-b y-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 July 2020. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 20 May 2020.  
For the Commission 
The President 
Ursula VON DER LEYEN     
(6)http://www .efsa.europa.eu/sites/def ault/files/event/171121-m.pdf EN Offi cial Jour nal of the European Union L 160/4                                                                                                                                           25.5.2020   ANNEX 
In the Annex to Regulation (EC) No 1881/2006, the follo wing ‘Section 9 Perch lorate’ is added: 
‘Section 9: Perchlor ate                                                                
Foodstuffs (1) Maximum level 
(mg/kg) 
9. Perchlorate  
9.1. Fruits and vegetables 
with the excep tion of: 0,05  
— Cucurbitaceae and kale 0,10  
— leaf vegetables and herbs 0,50 
9.2 Tea (Camellia sinensis), dried 
Herbal and fruit infusions, dried 0,75 
9.3 Infant formula, follow-on formula, foods for special medical purposes intended for 
infants and young children and young child formula (3)(4) (*) 0,01  
Babyf ood (3)(4) 0,02  
Processed cereal based food (3)(29) 0,01 
(*) young child formula are milk -based drinks and similar protein-based products inten ded for young children. These products are outside 
the scope of Regulation (EU) No 609/2013 (Repor t from the Commission to the European Parliament and the Council on young child 
formulae (COM/2016/0169 final)  
(https://eur -lex.europa.eu/legal-cont ent/EN/TXT/PDF/?ur i=CELEX:52016DC0169&qid=1559628885154&from=EN).’   EN Offi cial Jour nal of the European Union 25.5.2020                                                                                                                                           L 160/5