EN    EN  
 EUROPEAN 
COMMISSION  
Brussels, XXX   
SANCO/10617/2009 rev.09 […](2013) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No 1881/2006 as regards maximum levels of cadmium in 
foodstuffs 
(Text with EEA relevance) 
 EN 2   EN COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No 1881/2006 as regards maximum levels of cadmium in 
foodstuffs 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EEC) No 315/93 of  8 February 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 setting maximum levels for certain 
contaminants in foodstuffs
2  establishes maximum levels for cadmium in a range of 
foodstuffs. 
(2) The Scientific Panel on Contaminants in  the Food Chain (CONTAM Panel) of the 
European Food Safety Authority (EFSA) adopted an opinion on cadmium in food on 
30 January 20093. In that opinion, EFSA established a tolerable weekly intake (TWI) 
of 2,5 µg/kg body weight for cadmium. In its "Statement on tolerable weekly intake 
for cadmium"4, EFSA took into account the recent risk assessment ca rried out by the 
Joint FAO/WHO Expert Committee on Food Additives (JECFA)5 and confirmed the 
TWI of 2,5 µg/kg body weight. 
(3) In the scientific opinion on cadmium in f ood, the CONTAM Panel concluded that the 
mean dietary exposures to cadmium in Euro pean countries are cl ose to or slightly 
exceeding the TWI of 2.5 µg/kg body wei ght. Certain subgroups of the population 
may exceed the TWI by about 2 fold. The CONTAM Panel further concluded that, although adverse effects on kidney function ar e unlikely to occur for an individual 
exposed at this level, exposure to cadmium  at the population level should be reduced. 
(4) According to the scientific opinion on cadmi um in food of the CONTAM Panel, the 
food groups that contribute to the major part of the dietary cadmium exposure, 
primarily because of the high consump tion, are cereals and cereals products, 
vegetables, nuts and pulses, starchy roots or potatoes and meat and meat products. 
Highest cadmium concentrations were dete cted in the food comm odities seaweed, fish 
                                                
 
1 OJ L 37, 13.2.1993, p. 1.. 
2 OJ L 364, 20.12.2006, p. 5.  
3  Scientific Opinion of the Panel on Contaminants in the Food Chain on a request from the European 
Commission on cadmium in food. The EFSA Journal (2009) 980, 1-139 
4  EFSA Panel on Contaminants in the Food Chai n (CONTAM); Scientific Opinion on tolerable weekly 
intake for cadmium. EFSA Journal 2011;9(2):1975. [19 pp.] doi:10.2903/j.efsa.2011.1975. Available online: www.efsa.eur opa.eu/efsajournal 
5  WHO Food Additives Series 64, 73rd meeting of the Joint FAO/WHO Expert Committee on Food 
Additives (JECFA), World Health Organisation, Geneva, 2011 EN 3   EN and seafood, chocolate and foods for special di etary uses as well as in fungi, oilseeds 
and edible offal.  
(5) In a refined exposure assessment carried out  by EFSA in its scientific report on 
"Cadmium dietary exposure in the European population"6 using the new 
Comprehensive Food Consumption database which contains updated information on 
food consumption figures for the different Me mber States and for different age groups 
of the population, more detailed informati on on the particular food commodities that 
contribute to exposure are gi ven by age group. For adults , starchy roots and tubers, 
grains and grain based products and vegeta bles and vegetable products are major 
contributors to exposure. For children and adolescents, star chy roots and tubers, grain 
and grain based products an d sugar and confectionary are main contributors to 
exposure, while for infants and toddlers it is  starchy roots and tubers, grains and grain 
based products, vegetables and vegetable based products, milk a nd dairy products and 
foods for infants and small children that contribute most. The refined exposure assessment shows that overall exposure is  the result of not only a few main 
contributors but the addition of contributi ons of a number of different food groups. 
(6) Maximum levels have been established for cadmium in a wide range of foodstuffs, 
including cereals, vegetables, meat, fis h, seafood, offals and food supplements. For 
some foodstuffs that are important contribu tors to the exposure for certain population 
groups (chocolate and cocoa products, foods for infants and young children) maximum levels have not yet been established. It is  therefore necessary to establish maximum 
levels of cadmium for those foodstuffs. 
(7) Maximum levels for contaminants are set according to the ALARA principle ("as low 
as reasonably achievable") both for comm odities for which maximum levels for 
cadmium currently already exist (such as vegetables, meat, fish, seafood, offals and food supplements) and for commodities fo r which maximum levels are newly set 
(such as cocoa and chocolate products) us ing occurrence data and food consumption 
patterns of the European Union citizen. 
(8) Chocolate and cocoa powder sold to the fi nal consumer can contain high levels of 
cadmium and are an important source of human exposure. They are frequently 
consumed by children, e.g. chocolate as such  or as sweetened co coa powders used in 
cocoa beverages. When establishing maximum levels of cadmium , occurrence data for 
different types of chocolates and for cocoa powders sold to the final consumer should 
be considered. Since cadmium levels in cocoa products are rela ted to their cocoa 
content, it is appropriate to establish different maximum levels of cadmium for 
products containing different percentages of  cocoa. This shoul d ensure that the 
maximum levels may also be complied with by chocolates with a higher percentage of cocoa. 
(9) In some regions of cocoa producing countries , cadmium levels in soil can be naturally 
high. Therefore, occurrence data of co coa and chocolate products provided by 
countries with high cadmium levels in soil should be taken into account when 
establishing maximum levels of cadmium. 
(10) Infant formulae and follow-on formulae contri bute significantly to cadmium exposure 
of infants and young children. Infant formul ae and follow-on formulae manufactured 
                                                
 
6  European Food Safety Authority; Cadmium dietary exposure in the European population. EFSA Journal 
2012;10(1):2551. [37 pp.] doi:10.2903/j.efsa.2012.2551. Available online: 
www.efsa.europa.eu/efsajournal  EN 4   EN from soya protein isolates, alone or in a mi xture with cows' milk proteins, can contain 
higher cadmium levels than milk based products since soya beans naturally take up cadmium from the soil. Soya based formulae are an important alternative for infants suffering from lactose intolera nce, therefore sufficient market supply must be ensured. 
It is therefore appropriate to set a high er maximum level for soya based products.  
(11) Processed cereal based foods and other ba by foods for infants and young children are 
an important source of exposure to cad mium for infants and young children. A 
particular maximum level of cadmium shoul d therefore be established for processed 
cereal based and other baby foods. 
(12) Reduced exposure of a very vulnerable group of consumers could be achieved by the 
establishment of a maximum level for ce rtain categories of food for particular 
nutritional uses (e.g. food for special medi cal purposes for infants). However, in 
absence of data to substantiate such a maximum level, occurr ence data should be 
collected in view of the possible establishment of a specific maximum level in the future. 
(13) For certain specific vegetables (salsify, pa rsnips, celery, horseradish), compliance with 
current maximum levels is difficult and occurrence data provided by the Member States show that natural b ackground levels are higher and comparable with those of 
celeriac. Since consumption of those co mmodities is low and effects on human 
exposure are negligible, it is  appropriate to raise the ma ximum levels of cadmium for 
parsnips, salsify, celery and horsera dish to that of celeriac.  
(14) Certain fish species are currently exempted from the default maximum level for fish of 
0,05 mg/kg. For the fish species bonito ( Sarda sarda ), common two-banded seabream 
(Diplodus vulgaris ), eel ( Anguilla anguilla ), grey mullet ( Mugil labrosus labrosus ), 
horse mackerel ( Trachurus species ), louvar ( Luvarus imperialis ), sardinops ( Sardinops 
species ) and wedge sole ( Dicologoglossa cuneata ) new occurrence data show that the 
exemption is no longer necessary and that the default maximum level can be complied 
with following good fishery practices. Speci fic maximum levels are therefore no 
longer necessary for those fish species. 
(15) For bullet tuna ( Auxis species ), anchovy ( Engraulis species ) and swordfish ( Xiphias 
gladius ), new occurrence data show a lower maximum level can be complied with 
following good fishery practices. The maximum levels for those fish species should 
therefore be adjusted.  
For sardines ( Sardina pilchardus ) and bichique ( Sicyopterus lagocephalus ), 
occurrence data show that  compliance with the existing maximum levels is difficult , 
as natural background levels can be higher. For both fish species, the consumption is 
low and has negligible effects on human expos ure. It is therefor e appropriate to set 
higher maximum levels for those two fi sh species to ensure market supply. 
(16) Regulation (EC) No 1881/2006 should therefore be amended accordingly. 
(17) Member States and food business operators s hould be allowed time to adapt to the new 
maximum levels established by this Regul ation for cocoa products and foods for 
infants and young children. The date of ap plication of the ma ximum levels of 
cadmium for those commodities should therefore be deferred.  
(18) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on the Food Chain and Anim al Health and neither the European 
Parliament nor the Council have opposed them, EN 5   EN HAS ADOPTED THIS REGULATION: 
Article 1 
The Annex to Regulation (EC) No 1881/2006 is amended in accordance with the Annex to 
this Regulation. 
 
Article 2 
1. The maximum levels of cadmium set out in points 3.2.19 and 3.2.20 of the Annex to 
Regulation (EC) No 1881/2006, as amended by this Regulation, shall apply from 
1 January 2015. Foodstuffs not complying with these maximum levels which are lawfully 
placed on the market prior to 1 January 2015 may con tinue to be marketed after that date until 
their date of minimum durability or use-by-date.  
 2. The maximum levels of cadmium set out in  point 3.2.7 of the Annex to Regulation (EC) 
No 1881/2006, as amended by this Regulation, sh all apply from 1 January 2019. Foodstuffs 
not complying with these maximum levels, which are lawfully placed on the market prior to 
1 January 2019, may continue to be marketed af ter that date until their date of minimum 
durability or use-by-date.  
Article 3 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of  the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Commission 
 The President  […] EN 6   EN ANNEX  
The Annex to Regulation (EC) No 1881/2006 is amended as follows: 
(1) Subsection 3.2. (Cadmium) is  replaced by the following: 
3.2 Cadmium  
3.2.1 
 
 Vegetables and fruit, excluding 
root and tuber vegetables, leaf vegetables, fresh herbs, leafy brassica, stem vegetables, fungi and seaweed
(27) 0,050 
3.2.2 
 Root and tuber vegetables 
(excluding celeriac, parsnips, salsify and horseradish), stem vegetables (excluding celery)
(27). 
For potatoes the maximum level applies to peeled potatoes. 0,10 
3.2.3 
 Leaf vegetables, fresh herbs, leafy 
brassica, celery, celeriac, parsnips, salsify, horseradish and the following fungi
(27): Agaricus 
bisporus (common mushroom) , 
Pleurotus ostreatus (Oyster 
mushroom) , Lentinula edodes 
(Shiitake mushroom) 0,20 
3.2.4 Fungi, excluding those listed in 
point 3.2.3(27) 1,0 
3.2.5 
 Cereal grains excluding wheat and 
rice  0,10 
3.2.6 
 Wheat grains, rice grains, soy 
beans, wheat bran and wheat germ for direct consumption 0,20 EN 7   EN 3.2.7 
 Specific cocoa and chocolate 
products as listed below(49) 
- Milk chocolate with < 30% total 
dry cocoa solids 
- Chocolate with < 50% total dry 
cocoa solids; milk chocolate with ≥ 30% total dry cocoa solids 
- Chocolate with ≥ 50% total dry 
cocoa solids 
- Cocoa powder sold to the final 
consumer or as an ingredient in sweetened cocoa powder sold to the final consumer (drinking chocolate) 
  
 
0,10 as from 1 January 2019 
 
0,30 as from 1 January 2019 
   
0,80 as from 1 January 2019 
 
0,60 as from 1 January 2019 
   
3.2.8  Meat (excluding offal) of bovine 
animals, sheep, pig and poultry
(6) 0,050 
3.2.9 
 Horsemeat, excluding offal(6)  0,20 
3.2.10 
 Liver of bovine animals, sheep, 
pig, poultry and horse(6) 0,50 
3.2.11 
 Kidney of bovine animals, sheep, 
pig, poultry and horse(6) 1,0 
3.2.12 
 Muscle meat of fish(24)(25), 
excluding species listed in points 3.2.13, 3.2.14 and 3.2.15  0,050 
3.2.13 
  Muscle meat of the following 
fish
(24)(25):   
mackerel ( Scomber species ), tuna 
(Thunnus species, Katsuwonus 
pelamis , Euthynnus species) , 
bichique ( Sicyopterus 
lagocephalus ) 0,10 
3.2.14 
 Muscle meat of the following 
fish(24)(25): 
bullet tuna (Auxis species)
 0,15 EN 8   EN 3.2.15 
 Muscle meat of the following 
fish(24)(25): 
anchovy ( Engraulis species )
swordfish ( Xiphias gladius )
sardine ( Sardina pilchardus ) 0,25 
3.2.16 
 Crustaceans(26): muscle meat from 
appendages and abdomen(44). In 
case of crabs and crab-like crustaceans ( Brachyura and 
Anomura ) muscle meat from 
appendages. 0,50 
3.2.17 Bivalve molluscs(26)  1,0 
3.2.18 
 Cephalopods (without viscera)(26)  1,0 
3.2.19 
 Infant formulae and follow on-
formulae, (8)(29) 
- powdered formulae manufac- tured from cows' milk proteins or  protein hydrolysates 
- liquid formulae  manufactured 
from cows' milk proteins or  protein hydrolysates 
- powdered formulae manufac-
tured from soya protein isolates, alone or in a mixture with cows' milk proteins 
- liquid formulae manufactured 
from soya protein isolates, alone or in a mixture with cows' milk proteins 
  
 
0,010 as from 1 January 2015 
  
0,005 as from 1 January 2015 
  
0,020 as from 1 January 2015 
   
0,010 as from 1 January 2015 
 
 
3.2.20 
 Processed cereal-based foods and 
baby foods for infants and young children
(3)(29) 0,040 as from 1 January 2015 
3.2.21  Food supplements
(39) excl. food 
supplements listed in point 3.2.27 1,0 
3.2.22 
 Food supplements(39) consisting 
exclusively or mainly of dried seaweed, products derived from seaweed, or of dried bivalve molluscs 3,0 EN 9   EN  
(2) In endnote (26) the following sentence is added: 'In case of Pecten maximus, the 
maximum level applies to the adductor muscle and gonad only.' 
(3) The following endnote is added: '(49): For the specific cocoa and chocolate products th e definitions set out in points A. 2, 3 
and 4 of Annex I to Directive 2000/36/EC of the European Parliament and of the Council of 
23 June 2000 relating to cocoa an d chocolate products intended  for human consumption (OJ L 
197, 3.8.2000, p. 19) apply.'