CELEX ID: 32023R0915

--- ENGLISH ---

Document:
5.5.2023
EN
Official Journal of the European Union
L 119/103
COMMISSION REGULATION (EU) 2023/915
of 25 April 2023
on maximum levels for certain contaminants in food and repealing Regulation (EC) No 1881/2006
(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 
(
2
)
 sets maximum levels for certain contaminants in food. That Regulation has already been amended substantially many times and since a number of new amendments are to be made to that Regulation, it should be replaced.
(2)
Maximum levels should be set at a strict level, which is reasonably achievable by following good agricultural, fishery and manufacturing practices and taking into account the risk related to the consumption of the food. In the case of a possible health risk, maximum levels for contaminants should be set at a level, which is as low as reasonably achievable (ALARA). Such an approach ensures that food business operators apply measures to prevent and reduce the contamination as much as possible in order to protect public health. It is furthermore appropriate for the protection of the health of infants and young children, a vulnerable group, to establish the lowest maximum levels, which are achievable through a strict selection of the raw materials used for the manufacturing of foods for that population, combined, where appropriate, with specific manufacturing practices. This strict selection of the raw materials is also appropriate for the production of specific food placed on the market for the final consumer, for which a strict maximum level has been set out in order to protect vulnerable populations.
(3)
To ensure an efficient protection of public health, food containing contaminants exceeding the maximum levels not only should not be placed on the market as such, but should also not be used as a food ingredient or be mixed with food.
(4)
To allow maximum levels to be applied to dried, diluted, processed and compound food, for which no specific Union maximum levels have been set out, food business operators should provide to the competent authorities the specific concentration, dilution and processing factors and, in case of compound food, the proportion of ingredients, accompanied by the appropriate experimental data justifying the factors proposed.
(5)
Due to the lack of toxicological data and scientific evidence of the safety of the metabolites created by chemical detoxification, it is appropriate to prohibit such treatment of food.
(6)
It is recognised that sorting or other physical treatments make it possible to reduce the content of contaminants in food. In order to minimise the effects on trade, it is appropriate to allow higher levels of contaminants for certain products, which are not placed on the market for the final consumer or as a food ingredient. In those cases, the maximum levels for contaminants should be set out taking into consideration the effectiveness of such treatments to reduce the content of contaminants in food to levels below the maximum levels set out for those products placed on the market for the final consumer or used as a food ingredient. To avoid that these higher maximum levels are abused, it is appropriate to lay down provisions for the marketing, labelling and use of the concerned products.
(7)
Certain commodities have uses other than food and for which less strict or no maximum levels for a certain contaminant are applicable. To enable effective enforcement of the maximum levels for contaminants in these foods, it is appropriate to lay down suitable labelling provisions for those foods.
(8)
Certain fish species originating from the Baltic region may contain high levels of dioxins, dioxin-like polychlorinated biphenyls (‘DL-PCBs’) and non dioxin-like polychlorinated biphenyls (‘NDL-PCBs’). A significant proportion of those fish species from the Baltic region does not comply with the maximum levels and would therefore be excluded from the diet if the maximum levels were applied. However, the exclusion of fish from the diet may have a negative impact on the health of the population of the Baltic region.
(9)
Latvia, Finland and Sweden have systems in place to ensure that final consumers are informed of the dietary recommendations for identified vulnerable groups of the population to restrict consumption of fish from the Baltic region in order to avoid health risks. Therefore, it is appropriate to maintain a derogation to Latvia, Finland and Sweden allowing them to authorise the placing on their respective market for the final consumer without time limit certain fish species originating in the Baltic region with levels of dioxins and/or DL-PCBs and/or NDL-PCBs higher than those set in this Regulation. In order to allow the Commission to monitor the situation, Latvia, Finland and Sweden should continue to report yearly to the Commission the measures they have taken to effectively inform final consumers of the dietary recommendations and to ensure that fish and products thereof non-compliant with the maximum levels are not marketed in other Member States, as well as the effectiveness of those measures.
(10)
Despite the application of good smoking practices to the extent possible, the current maximum levels for polycyclic aromatic hydrocarbons (‘PAHs’) are not achievable in several Member States in certain traditionally smoked meats and meat products and traditionally smoked fish and fishery products, where smoking practices cannot be altered without changing significantly the organoleptic characteristics of the food. Consequently, if maximum levels were applied, such traditionally smoked products would disappear from the market resulting in the closure of many small and medium size enterprises. That is the case with certain traditionally smoked meat and smoked meat products in Ireland, Spain, Croatia, Cyprus, Latvia, Poland, Portugal, Slovakia, Finland and Sweden and certain traditionally smoked fish and smoked fishery products in Latvia, Finland and Sweden. Therefore, a derogation for local production and consumption should be maintained without a time limit for certain traditionally smoked meat and smoked meat products and traditionally smoked fish and smoked fishery products only in those Member States.
(11)
Member States are to collect and report data from official controls and from monitoring of contaminants in accordance with control plans and with the specific requirements on official controls of contaminants laid down in Commission Delegated Regulation (EU) 2022/931 
(
3
)
 and in Commission Implementing Regulation (EU) 2022/932 
(
4
)
. For certain specific contaminants, for which more occurrence data are needed, it is recommended that Member States, food business operators and other interested parties should monitor and report the occurrence data, as well as report on the progress with regard to the application of preventative measures, to allow the Commission to assess the need to modify existing measures or to adopt additional ones. For the same reasons, it is also appropriate that Member States communicate to the Commission the information they have collected as regards other contaminants.
(12)
Maximum levels as currently set out by Regulation (EC) No 1881/2006, as amended, should be maintained by this Regulation. However, in light of the experience gained with that Regulation and in order to improve the readability of the rules, it is appropriate, on the one hand, to avoid the use of numerous footnotes and, on the other hand, to increase the references to Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council 
(
5
)
 for the definitions of the categories.
(13)
Also in light of the experience gained with that Regulation and in order to enable uniform enforcement of the maximum levels, it is appropriate to clarify that lower bound concentrations should be used in those cases where maximum levels are set for multiple compounds (sum of concentrations), except when specified otherwise, and to clarify the body parts of crustaceans to which maximum levels apply.
(14)
As regards cadmium, it is appropriate to extend the current exemption for malt to all cereals used for the production of beer or distillates, provided that the remaining cereal residue is not placed on the market as food, because cadmium mainly remains in the cereal residue and therefore the content of cadmium in beer is very low.
(15)
As regards PAHs, based on the available analytical data and on the production method, which showed that negligible amount of those substances was found in instant/soluble coffee, it is appropriate to exclude instant/soluble coffee from the maximum level for powders of food of plant origin for the preparation of beverages. Furthermore, as regards maximum levels for PAHs for infant formulae, follow-on formulae and young-child formulae and for food for special medical purposes intended for infants and young children, they are currently set out for products as placed on the market without the distinction of the physical form of the product. It is therefore appropriate to clarify that these maximum levels refer to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
(16)
As regards melamine, Codex Alimentarius has adopted, additionally to the powdered infant formula, a maximum level for liquid infant formula, which the Union has accepted. It is therefore appropriate to apply that maximum level for melamine in infant formula and follow-on formula accordingly.
(17)
Therefore, Regulation (EC) No 1881/2006 should be repealed.
(18)
When the Commission sets out new maximum limits for contaminants in food, it provides, where appropriate, for transitional measures in order to enable economic operators to prepare for the application of the new rules. In order to ensure a smooth transition between Regulation (EC) No 1881/2006 and this Regulation, it is appropriate to maintain the transitional measures as regards those maximum limits taken over by this Regulation, which are still relevant.
(19)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Definitions
For the purposes of this Regulation, the following definitions apply:
(a)
‘food’ means food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 
(
6
)
;
(b)
‘food business operator’ means food business operator as defined in Article 3, point 3, of Regulation (EC) No 178/2002;
(c)
‘placing on the market’ means placing on the market as defined in Article 3, point 8, of Regulation (EC) No 178/2002;
(d)
‘final consumer’ means final consumer as defined in Article 3, point 18, of Regulation (EC) No 178/2002;
(e)
‘processing’ means processing as defined in Article 2(1), point (m) of Regulation (EC) No 852/2004 of the European Parliament and of the Council 
(
7
)
;
(f)
‘unprocessed products’ means unprocessed products as defined in Article 2(1), point (n), of Regulation (EC) No 852/2004; and
(g)
‘processed products’ means processed products as defined in Article 2(1), point (o), of Regulation (EC) No 852/2004.
Article 2
General rules
1.   The food listed in Annex I shall not be placed on the market and shall not be used as a raw material in food or as an ingredient in food where it contains a contaminant at a level which exceeds the maximum level set out in Annex I.
2.   Food complying with the maximum levels set out in Annex I shall not be mixed with food which exceeds these maximum levels.
3.   The maximum levels set out in Annex I, unless otherwise specified in that Annex, shall apply to food as placed on the market and to the edible part of the food concerned.
4.   In systems where cereal production and processing are integrated so that all incoming lots are cleaned, sorted and processed in the same establishment, the maximum levels shall apply to unprocessed cereals in the production chain at the stage before first-stage processing.
Article 3
Dried, diluted, processed and compound food
1.   Where no specific Union maximum levels are set out in Annex I for food which is dried, diluted, processed or compound food (i.e. composed of more than one ingredient), the following aspects shall be taken into account when applying the maximum levels set out in Annex I to such food:
(a)
changes of the concentration of the contaminant caused by drying or dilution processes;
(b)
changes of the concentration of the contaminant caused by processing;
(c)
the relative proportions of the ingredients in the product;
(d)
the analytical limit of quantification.
2.   Where the competent authority carries out an official control, the food business operator shall provide and justify the specific concentration, dilution or processing factors for the drying, diluting or processing operations concerned or the specific concentration, dilution or processing factors for the dried, diluted, processed or compound food concerned as well as the proportion of ingredients for mixing operations concerned.
Where the food business operator does not provide the necessary concentration, dilution or processing factor or where the competent authority deems that factor inappropriate in view of the justification given, the competent authority shall itself define that factor, based on the available information and with the objective of maximum protection of human health.
3.   Where no specific Union maximum levels for food for infants and young children are set out in Annex I, Member States may provide for stricter maximum levels for such food.
Article 4
Prohibition on detoxification
Food containing contaminants listed in Annex I shall not be deliberately detoxified by chemical treatments.
Article 5
Food to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as a food ingredient
1.   Where a maximum level for a contaminant is set out in Annex I specifically as regards food to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as a food ingredient, such food may be placed on the market provided that:
(a)
it is not placed on the market for the final consumer or use as a food ingredient;
(b)
it complies with the maximum level set out in Annex I for that contaminant in that food to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as a food ingredient; and
(c)
it is labelled and marked in accordance with paragraph 2.
2.   The label of each individual package and the original accompanying document of food referred to in paragraph 1, point (c), shall clearly show its use and bear the following information: ‘Product shall be subjected to sorting or other physical treatment to reduce [name contaminant(s)] contamination before placing on the market for the final consumer or use as a food ingredient’.
The consignment/batch identification code shall be indelibly marked on each individual package of the consignment and on the original accompanying document.
3.   Food to be subjected to sorting or other physical treatment to reduce contamination levels shall not prior to this be mixed with food placed on the market for the final consumer or with food intended for use as a food ingredient.
4.   Food which has been subjected to sorting or other physical treatment to reduce contamination levels may be placed on the market provided that the maximum levels set out in Annex I for food placed on the market for the final consumer or use as a food ingredient are not exceeded and that the treatment used has not resulted in the presence of other harmful residues.
Article 6
Labelling provisions for groundnuts (peanuts), other oilseeds, derived products thereof and cereals
1.   The label of each individual package and the original accompanying document of groundnuts (peanuts), other oilseeds, derived products thereof and cereals shall clearly show its intended use.
The consignment/batch identification code shall be indelibly marked on each individual package of the consignment and on the original accompanying document. The business activity of the consignee of the consignment given on the accompanying document shall be compatible with the intended use.
2.   In the absence of a clear information that their intended use is not to be placed on the market as food, the maximum levels set out in Annex I shall apply to all groundnuts (peanuts), other oilseeds and derived products thereof and cereals placed on the market.
3.   The exception of groundnuts (peanuts) and other oilseeds for crushing from the application of the maximum levels set out in Annex I, shall only apply to consignments, which:
(a)
are clearly labelled showing their intended use;
(b)
bear the following information ‘Product to be subject to crushing for the production of refined vegetable oil’ on the label of each individual package and on the original accompanying document; and
(c)
have a crushing plant as the final destination.
Article 7
Derogations from Article 2
1.   By way of derogation from Article 2, Latvia, Finland and Sweden may authorise the placing on their respective market for the final consumer, within their annual quota as set in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 
(
8
)
, of wild caught salmon (
Salmo salar
) and products thereof originating in the Baltic region with levels of dioxins and/or DL-PCBs and/or NDL-PCBs higher than those set out in point 4.1.5 of Annex I, provided that:
(a)
a system is in place to ensure that final consumers, are fully informed of the national dietary recommendations with regard to the restrictions on the consumption of wild caught salmon from the Baltic region and products thereof by identified vulnerable groups of the population in order to avoid potential health risks;
(b)
Latvia, Finland and Sweden continue to apply the necessary measures to ensure that wild caught salmon and products thereof not complying with point 4.1.5 of Annex I are not marketed in other Member States;
(c)
Latvia, Finland and Sweden report yearly to the Commission the measures they have taken to effectively inform final consumers of the dietary recommendations and to ensure that wild caught salmon and products thereof not compliant with the maximum levels are not marketed in other Member States and provide evidence of the effectiveness of those measures.
2.   By way of derogation from Article 2, Finland and Sweden may authorise the placing on their respective market, within their annual quota as set in Regulation (EU) No 1380/2013, wild caught Baltic herring larger than 17 cm (
Clupea harengus membras
), of wild caught char (
Salvelinus
 spp.), wild caught river lamprey (
Lampetra fluviatilis
) and wild caught trout (
Salmo trutta
) and products thereof originating in the Baltic region with levels of dioxins and/or DL-PCBs and/or NDL-PCBs higher than those set out in point 4.1.5 of Annex I, provided that:
(a)
a system is in place to ensure that final consumers are fully informed of the dietary recommendations with regard to the restrictions on the consumption of wild caught Baltic herring larger than 17 cm, wild caught char, wild caught river lamprey and wild caught trout from the Baltic region and products thereof by identified vulnerable groups of the population in order to avoid potential health risks;
(b)
Finland and Sweden continue to apply the necessary measures to ensure that wild caught Baltic herring larger than 17 cm, wild caught char, wild caught river lamprey and wild caught trout and products thereof not complying with point 4.1.5 of Annex I are not marketed in other Member States;
(c)
Finland and Sweden report yearly to the Commission the measures they have taken to effectively inform the identified vulnerable sections of the population of the dietary recommendations and to ensure that fish and products thereof not compliant with the maximum levels is not marketed in other Member States and provide evidence of the effectiveness of those measures.
3.   By way of derogation from Article 2, the following Member States may authorise the placing on their respective market for the final consumer of the following traditionally smoked meat and smoked meat products, smoked in their territory with levels of PAHs higher than those set out in point 5.1.6 of Annex I, provided that those products dot not contain more than 5,0 μg/kg for benzo(a)pyrene and 30,0 μg/kg for the sum of benzo(a)pyrene, benz(a)anthracene, benzo(b)fluoranthene and chrysene:
(a)
Ireland, Croatia, Cyprus, Spain, Poland and Portugal: traditionally smoked meat and meat products;
(b)
Latvia: traditionally smoked pork, hot smoked chicken meat, hot smoked sausages and hot smoked game meat;
(c)
Slovakia: salted traditionally smoked meat, traditionally smoked bacon, traditionally smoked sausage (klobása), where ‘traditionally smoked’ means developing smoke by burning woods (wood logs, wood sawdust, wood chips) in a smokehouse;
(d)
Finland: traditionally hot smoked meat and meat products;
(e)
Sweden: meat and meat products smoked over glowing wood or other plant materials.
Those Member States and concerned food business operators shall continue to monitor the presence of PAHs in traditionally smoked meat and smoked meat products referred to in the first subparagraph and shall ensure that good smoking practices are implemented where possible, without losing typical organoleptic characteristics of those products.
4.   By way of derogation from Article 2, the following Member States may authorise the placing on their respective market for the final consumer of the following traditionally smoked fish and smoked fishery products, smoked in their territory with levels of PAHs higher than those set out in point 5.1.7 of Annex I, provided that those smoked products do not contain more than 5,0 μg/kg for benzo(a)pyrene and 30,0 μg/kg for the sum of benzo(a)pyrene, benz(a)anthracene, benzo(b)fluoranthene and chrysene:
(a)
Latvia: traditionally hot smoked fish;
(b)
Finland: traditionally hot smoked small fish and fishery products made from small fish;
(c)
Sweden: fish and fishery products smoked over glowing wood or other plant materials.
Those Member States and concerned food business operators shall continue to monitor the presence of PAHs in traditionally smoked fish and smoked fishery products referred to in the first subparagraph and shall ensure that good smoking practices are implemented where possible, without losing typical organoleptic characteristics of those products.
Article 8
Monitoring and reporting
1.   By 1 July 2023, Member States and interested parties shall communicate to the Commission the results of investigations undertaken and the progress with regard to the application of prevention measures to avoid contamination by ergot sclerotia and ergot alkaloids in rye and rye milling products and ergot alkaloids in milling products of barley, wheat, spelt and oats grains.
Member States and interested parties shall report every year to the European Food Safety Authority (‘Authority’) the occurrence data on ergot sclerotia and ergot alkaloids in rye and rye milling products and on ergot alkaloids in milling products of barley, wheat, spelt and oats grains.
2.   Member States shall communicate to the Commission, when requested, the investigations undertaken and the relevant sources identified following Commission Recommendations for monitoring of the presence of contaminants in food and the progress with regard to the application of prevention measures to avoid contamination.
3.   Member States shall report to the Authority the occurrence data that they have collected on other contaminants than those referred to in paragraph 1. Food business operators and other interested parties may submit such occurrence data to the Authority.
4.   Member States, food business operators and other interested parties shall provide to the Authority the occurrence data in accordance with Authority’s reporting requirements.
Article 9
Repeal
Regulation (EC) No 1881/2006 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 10
Transitional measures
1.   Food lawfully placed on the market prior to the dates referred to in points (a) to (k) may remain on the market until their date of minimum durability or use-by date:
(a)
19 September 2021 as regards the maximum levels for tropane alkaloids in baby foods and processed cereal-based foods for infants and young children, containing maize or its derived products set out in point 2.2.1 of Annex I;
(b)
1 January 2022 as regards the maximum levels for ergot sclerotia and ergot alkaloids set out in point 1.8 of Annex I;
(c)
3 May 2022 as regards the maximum levels for mercury set out in point 3.3 of Annex I;
(d)
1 July 2022 as regards the maximum levels for opium alkaloids set out in point 2.5 of Annex I;
(e)
1 September 2022 as regards the maximum levels for tropane alkaloids set out in points 2.2.2 to 2.2.9 of Annex I;
(f)
1 January 2023 as regards the maximum levels for ochratoxin A set out in point 1.2 of Annex I;
(g)
1 January 2023 as regards the maximum levels for hydrocyanic acid set out in point 2.3 of Annex I;
(h)
1 January 2023 as regards the maximum levels for the sum of Δ
9
-THC and Δ
9
-THCA set out in point 2.6 of Annex I;
(i)
1 January 2023 as regards the maximum levels for the sum of dioxins and for the sum of dioxins and DL-PCBs set out in points 4.1.1, 4.1.2, 4.1.11 and 4.1.12 of Annex I;
(j)
1 January 2023 as regards the maximum levels for the sum of perfluoroalkyl substances set out in point 4.2 of Annex I;
(k)
26 March 2023 as regards the maximum levels for arsenic set out in point 3.4 of Annex I.
2.   Food lawfully placed on the market before 1 July 2022 may remain on the market until 31 December 2023 as regards the maximum levels for pyrrolizidine alkaloids set out in point 2.4 of Annex I.
3.   The burden of proving the date when the products were lawfully placed on the market shall be borne by the food business operator.
Article 11
Entry into force
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, 25 April 2023.
For the Commission
The President
Ursula VON DER LEYEN
(
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
)
  Commission Delegated Regulation (EU) 2022/931 of 23 March 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by laying down rules for the performance of official controls as regards contaminants in food (
OJ L 162, 17.6.2022, p. 7
).
(
4
)
  Commission Implementing Regulation (EU) 2022/932 of 9 June 2022 on uniform practical arrangements for the performance of official controls as regards contaminants in food, on specific additional content of multi-annual national control plans and specific additional arrangements for their preparation (
OJ L 162, 17.6.2022, p. 13
).
(
5
)
  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (
OJ L 70, 16.3.2005, p. 1
).
(
6
)
  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (
OJ L 31, 1.2.2002, p. 1
).
(
7
)
  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (
OJ L 139, 30.4.2004, p. 1
).
(
8
)
  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (
OJ L 354, 28.12.2013, p. 22
).
ANNEX I
Maximum levels for certain contaminants in food (
1
)
1
Mycotoxins
1.1
Aflatoxins
Maximum level (μg/kg)
Remarks
B
1
Sum of B
1
, B
2
, G
1
 and G
2
M
1
For the sum of aflatoxins, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
1.1.1
Dried fruits to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as an ingredient in food except products listed in 1.1.3
5,0
10,0
-
1.1.2
Dried fruits used as only ingredient or processed products from dried fruits, placed on the market for the final consumer or use as an ingredient in food except products listed in 1.1.3
2,0
4,0
-
In the case of food consisting of dried fruits used as only ingredient or in the case of processed products consisting at least of 80 % from the dried fruits concerned, the maximum levels as established for the corresponding dried fruits apply also to those products. In other cases, Article 3(1) and (2) apply.
1.1.3
Dried figs
6,0
10,0
-
In the case of food consisting of dried figs used as only ingredient or in the case of processed products consisting at least of 80 % from dried figs, the maximum levels as established for dried figs apply also to those products. In other cases, Article 3(1) and (2) apply.
1.1.4
Groundnuts (peanuts) and other oilseeds, to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as an ingredient in food
8,0
15,0
-
Except groundnuts (peanuts) and other oilseeds for crushing for refined vegetable oil production.
If groundnuts (peanuts) and other oilseeds with inedible shell are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
1.1.5
Groundnuts (peanuts) and other oilseeds used as only ingredient or processed products from groundnuts (peanuts) and other oilseeds, placed on the market for the final consumer or use as an ingredient in food
2,0
4,0
-
Except crude vegetable oils destined for refining and refined vegetable oils.
If groundnuts (peanuts) and other oilseeds with inedible shell are analysed, it is assumed when calculating the aflatoxin content that all the contamination is on the edible part.
In the case of food consisting of groundnuts (peanuts) and other oilseeds used as only ingredient or in the case of processed products consisting at least of 80 % from the groundnuts (peanuts) and other oilseeds concerned, the maximum levels as established for the corresponding groundnuts (peanuts) and other oilseeds apply also to those products. In other cases, Articles 3(1) and (2) apply.
1.1.6
Tree nuts to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as an ingredient in food except products listed in 1.1.8 and 1.1.10
5,0
10,0
-
If tree nuts ‘in shell’ are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
1.1.7
Tree nuts used as only ingredient or processed products from tree nuts, placed on the market for the final consumer or use as an ingredient in food except products listed in 1.1.9 and 1.1.11
2,0
4,0
-
If tree nuts ‘in shell’ are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
In the case of food consisting of tree nuts used as only ingredient or in the case of processed products consisting at least of 80 % from the tree nuts concerned, the maximum levels as established for tree nuts apply also to those products. In other cases, Article 3(1) and (2) apply.
1.1.8
Almonds, pistachios and apricot kernels to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as an ingredient in food
12,0
15,0
-
If tree nuts ‘in shell’ are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
1.1.9
Almonds, pistachios and apricot kernels, placed on the market for the final consumer or use as an ingredient in food
8,0
10,0
-
If tree nuts ‘in shell’ are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
In the case of food consisting of almonds, pistachios and apricot kernels used as only ingredient or in the case of processed products consisting at least of 80 % from the tree nuts concerned, the maximum levels as established for the corresponding tree nuts apply also to those products. In other cases, Article 3(1) and (2) apply.
1.1.10
Hazelnuts and Brazil nuts, to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as an ingredient in food
8,0
15,0
-
If hazelnuts ‘in shell’ are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
1.1.11
Hazelnuts and Brazil nuts, placed on the market for the final consumer or use as an ingredient in food
5,0
10,0
-
If hazelnuts ‘in shell’ are analysed, it is assumed, when calculating the aflatoxin content, that all the contamination is on the edible part.
In the case of food consisting of hazelnuts and Brazil nuts used as only ingredient or in the case of processed products consisting at least of 80 % from the tree nuts concerned, the maximum levels as established for the corresponding tree nuts apply also to those products. In other cases, Article 3(1) and (2) apply.
1.1.12
Cereals and products derived from cereals except products listed in 1.1.13, 1.1.18 and 1.1.19
2,0
4,0
-
Including processed cereal products.
Products derived from cereals relate to products containing at least 80 % cereal products.
1.1.13
Maize and rice to be subjected to sorting or other physical treatment before placing on the market for the final consumer or use as an ingredient in food
5,0
10,0
-
1.1.14
Following dried spices:
Capsicum spp.
 (dried fruits thereof, whole or ground, including chillies, chilli powder, cayenne or paprika)
Pepper (fruits of 
Piper
 spp, including white and black pepper)
Nutmeg (
Myristica fragrans
)
Turmeric (
Curcuma longa
)
Mixtures of dried spices containing one or more of the abovementioned dried spices
5,0
10,0
-
1.1.15
Ginger (
Zingiber officinale
) (dried)
5,0
10,0
-
1.1.16
Raw milk (
2
), heat-treated milk and milk for the manufacture of milk-based products
-
-
0,050
1.1.17
Infant formulae, follow-on formulae (
3
) and young-child formulae (
4
)
-
-
0,025
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
1.1.18
Baby food and processed cereal-based food for infants and young children (
3
)
0,10
-
-
The maximum level applies to the dry matter (
5
) of the product as placed on the market.
1.1.19
Food for special medical purposes intended for infants and young children (
3
)
0,10
-
0,025
The maximum level applies in the case of milk, milk products and similar products to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer) and in the case of products other than milk, milk products and similar products to the dry matter (
5
).
1.2
Ochratoxin A
Maximum level (μg/kg)
Remarks
1.2.1
Dried fruits
1.2.1.1
Dried vine fruits (currants, raisins and sultanas) and dried figs
8,0
1.2.1.2
Other dried fruits
2,0
1.2.2
Date syrup
15
1.2.3
Pistachios to be subjected to sorting or other physical treatment before placing on the market for final consumer or use as an ingredient in food
10,0
If tree nuts ‘in shell’ are analysed, it is assumed, when calculating the ochratoxin A content, that all the contamination is on the edible part.
1.2.4
Pistachios placed on the market for final consumer or use as ingredient in foods
5,0
If tree nuts ‘in shell’ are analysed, it is assumed, when calculating the ochratoxin A content, that all the contamination is on the edible part.
1.2.5
Dried herbs
10,0
1.2.6
Ginger roots (dried) for use in herbal infusions
15
1.2.7
Marshmallow roots (dried), dandelion roots (dried) and orange blossoms (dried) for use in herbal infusions or in coffee substitutes
20
1.2.8
Sunflower seeds, pumpkin seeds, (water) melon seeds, hempseeds, soybeans
5,0
1.2.9
Unprocessed cereal grains
5,0
The maximum level applies to unprocessed cereal grains placed on the market before first-stage processing (
6
).
1.2.10
Products derived from unprocessed cereal grains and cereals placed on the market for the final consumer except products listed in 1.2.11, 1.2.12, 1.2.13, 1.2.23 and 1.2.24
3,0
Including processed cereal products.
Products derived from unprocessed cereal grains relate to products containing at least 80 % cereal products.
1.2.11
Bakery wares, cereal snacks and breakfast cereals
1.2.11.1
products not containing oilseeds, nuts or dried fruits
2,0
1.2.11.2
products containing at least 20 % dried vine fruits and/or dried figs
4,0
1.2.11.3
other products containing oilseeds, nuts and/or dried fruits
3,0
1.2.12
Non-alcoholic malt beverages
3,0
1.2.13
Wheat gluten not placed on the market for the final consumer
8,0
1.2.14
Roasted coffee beans and ground roasted coffee except products listed in 1.2.15
3,0
1.2.15
Soluble coffee (instant coffee)
5,0
1.2.16
Cocoa powder
3,0
1.2.17
Dried spices except products listed in 1.2.18
15
The maximum level applies also to mixtures of dried spices.
1.2.18
Capsicum spp.
 (dried fruits thereof, whole or ground, including chillies, chilli powder, cayenne or paprika)
20
1.2.19
Liquorice (
Glycyrrhiza glabra, Glycyrrhiza inflata
 and other species)
1.2.19.1
Liquorice root (dried), including as an ingredient in herbal infusions
20
1.2.19.2
Liquorice extract for use in food in particular beverages and confectionary
80
The maximum level applies to the pure and undiluted extract, whereby 1 kg of extract is obtained from 3 to 4 kg liquorice root.
1.2.19.3
Liquorice confectionery containing ≥ 97 % liquorice extract on dry basis
50
1.2.19.4
Other liquorice confectionery
10,0
1.2.20
Wine (
7
) and fruit wine
2,0
Including semi-sparkling and sparkling wines, excluding liqueur wine and wine with an alcoholic strength of not less than 15 % vol.
The maximum level applies to products produced from the 2005 harvest onwards.
1.2.21
Aromatised wine, aromatised wine-based drinks and aromatised wine-product cocktails (
8
)
2,0
The maximum level applies to products produced from the 2005 harvest onwards.
The maximum level applicable to these beverages is function of the proportion of wine and/or grape must present in the finished product.
1.2.22
Grape juice, grape juice from concentrate, concentrated grape juice, grape nectar, grape must and concentrated grape must, placed on the market for the final consumer (
9
)
2,0
For concentrated grape juice or concentrated grape must, the maximum level applies to juice or must as reconstituted.
The maximum level applies to products produced from the 2005 harvest onwards.
1.2.23
Baby food and processed cereal-based food for infants and young children (
3
)
0,50
The maximum level applies to the dry matter (
5
) of the product as placed on the market.
1.2.24
Food for special medical purposes intended for infants and young children (
3
)
0,50
The maximum level applies in the case of milk, milk products and similar products to the products ready to use (placed on the market as such or reconstituted as instructed by the manufacturer) and in the case of products other than milk, milk products and similar products to the dry matter (
5
).
1.3
Patulin
Maximum level (μg/kg)
Remarks
1.3.1
Fruit juices, fruit juices from concentrate, concentrated fruit juices and fruit nectars (
9
)
50
For concentrated fruit juice, the maximum level applies to juice as reconstituted.
1.3.2
Spirit drinks (
10
), cider and other fermented drinks derived from apples or containing apple juice
50
1.3.3
Solid apple products placed on the market for the final consumer except products listed in 1.3.4 and 1.3.5
25
Including apple compote and apple puree.
1.3.4
Apple juice and solid apple products for infants and young children (
3
) and labelled and placed on the market as such
10,0
Including apple compote and apple puree.
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
1.3.5
Baby food (
3
)
10,0
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
1.4
Deoxynivalenol
Maximum level (μg/kg)
Remarks
1.4.1
Unprocessed cereal grains except products listed in 1.4.2 and 1.4.3
1 250
Except unprocessed maize grains intended to be processed by wet milling and except rice.
The maximum level applies to unprocessed cereal grains placed on the market before first-stage processing (
6
).
1.4.2
Unprocessed durum wheat grains and oat grains
1 750
The maximum level applies to unprocessed cereal grains placed on the market before first-stage processing (
6
).
1.4.3
Unprocessed maize grains
1 750
Except unprocessed maize grains for which it is evident e.g. through labelling or destination, that they are intended for use in a wet milling process only (starch production).
The maximum level applies to unprocessed maize grains placed on the market before first-stage processing (
6
).
1.4.4
Cereals placed on the market for the final consumer, cereal flour, semolina, bran and germ as final product placed on the market for the final consumer except products listed in 1.4.7 and 1.4.8
750
Except rice and rice products.
1.4.5
Pasta
750
Pasta means pasta (dry) with a water content of approximately 12 %.
1.4.6
Bread, pastries, biscuits, cereal snacks and breakfast cereals
500
Except rice products.
Including small bakery wares.
1.4.7
Milling products of maize not placed on the market for the final consumer
1.4.7.1
Maize flour not placed on the market for the final consumer
1 250
At least 90 %, measured by weight, of the particles in the milling product have a size ≤ 500 μm.
1.4.7.2
Other milling products of maize not placed on the market for the final consumer
750
Less than 90 %, measured by weight, of the particles in the milling product have a size ≤ 500 μm.
1.4.8
Baby food and processed cereal-based food for infants and young children (
3
)
200
Except rice products.
The maximum level applies to the dry matter (
5
) of the product as placed on the market.
1.5
Zearalenone
Maximum level (μg/kg)
Remarks
1.5.1
Unprocessed cereal grains except products listed in 1.5.2
100
Except unprocessed maize grains intended to be processed by wet milling and except rice.
The maximum level applies to unprocessed cereal grains placed on the market before first-stage processing (
6
).
1.5.2
Unprocessed maize grains
350
Except unprocessed maize grains for which it is evident e.g. through labelling, destination, that it is intended for use in a wet milling process only (starch production).
The maximum level applies to unprocessed maize grains placed on the market before first-stage processing (
6
).
1.5.3
Cereals placed on the market for the final consumer, cereal flour, semolina, bran and germ as final product placed on the market for the final consumer except products listed in 1.5.5, 1.5.6 and 1.5.8
75
Except rice and rice products.
1.5.4
Bread, pastries, biscuits, cereal snacks and breakfast cereals except products listed in 1.5.5
50
Except rice products.
Includes small bakery wares.
1.5.5
Maize placed on the market for the final consumer
Maize-based snacks and maize-based breakfast cereals
100
1.5.6
Milling products of maize not placed on the market for the final consumer
1.5.6.1
Maize flour not placed on the market for the final consumer
300
At least 90 %, measured by weight, of the particles in the milling product have a size ≤ 500 μm.
1.5.6.2
Other milling products of maize not placed on the market for the final consumer
200
Less than 90 %, measured by weight, of the particles in the milling product have a size ≤ 500 μm.
1.5.7
Refined maize oil
400
1.5.8
Baby food and processed cereal-based food for infants and young children (
3
)
20
Except rice products.
The maximum level applies to the dry matter (
5
) of the product as placed on the market.
1.6
Fumonisins
Maximum level (μg/kg)
Remarks
Sum of B
1
 and B
2
For the fumonisins, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
1.6.1
Unprocessed maize grains
4 000
Except unprocessed maize grains for which it is evident e.g. through labelling, destination, that it is intended for use in a wet milling process only (starch production).
The maximum level applies to unprocessed maize grains placed on the market before first-stage processing (
6
).
1.6.2
Maize placed on the market for the final consumer, milling products of maize placed on the market for the final consumer, maize-based food placed on the market for the final consumer except products listed in 1.6.3 and 1.6.5
1 000
1.6.3
Maize-based breakfast cereals and maize-based snacks
800
1.6.4
Milling products of maize not placed on the market for the final consumer
1.6.4.1
Maize flour not placed on the market for the final consumer
2 000
At least 90 %, measured by weight, of the particles in the milling product have a size ≤ 500 μm.
1.6.4.2
Other milling products of maize not placed on the market for the final consumer
1 400
Less than 90 %, measured by weight, of the particles in the milling product have a size ≤ 500 μm.
1.6.5
Baby food containing maize and processed maize-based food for infants and young children (
3
)
200
The maximum level applies to the dry matter (
5
) of the product as placed on the market.
1.7
Citrinin
Maximum level (μg/kg)
Remarks
1.7.1
Food supplements based on rice fermented with red yeast 
Monascus purpureus
100
1.8
Ergot sclerotia and ergot alkaloids
1.8.1
Ergot sclerotia
Maximum level (g/kg)
Remarks
The maximum level applies to unprocessed cereal grains placed on the market before first-stage processing (
6
).
In case scouring (
6
) is applied in the presence of ergot sclerotia, the cereals need to firstly undergo a cleaning step before scouring.
The sampling shall be performed in accordance with point B of Annex I to Regulation (EC) No 401/2006.
1.8.1.1
Unprocessed cereal grains except products listed in 1.8.1.2
0,2
Except maize and rice.
1.8.1.2
Unprocessed rye grains
0,5
0,2 as from 1 July 2024
1.8.2
Ergot alkaloids
Maximum level (μg/kg)
Remarks
Lower bound sum of
ergocornine/ergocorninine; ergocristine/ergocristinine; ergocryptine/ergocryptinine (α- and β-form); ergometrine/ergometrinine; ergosine/ergosinine; ergotamine/ergotaminine
For the ergot alkaloids, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
1.8.2.1
Milling products of barley, wheat, spelt and oats (with an ash content lower than 900mg/100g dry matter)
100
50 as from 1 July 2024
1.8.2.2
Milling products of barley, wheat, spelt and oats (with an ash content equal or higher than 900mg/100g dry matter)
Barley, wheat, spelt and oats grains placed on the market for the final consumer
150
1.8.2.3
Rye milling products
Rye placed on the market for the final consumer
500
250 as from 1 July 2024
1.8.2.4
Wheat gluten
400
1.8.2.5
Processed cereal-based food for infants and young children (
3
)
20
The maximum level applies to the product as placed on the market.
2
Plant toxins
2.1
Erucic acid, including erucic acid bound in fat
Maximum level (g/kg)
Remarks
2.1.1
Vegetable oils and fats placed on the market for the final consumer or for use as an ingredient in food except products listed in 2.1.2
20,0
2.1.2
Camelina oil, mustard oil and borage oil
50,0
With acceptance from the competent authority, the maximum level does not apply to mustard oil locally produced and consumed.
2.1.3
Mustard (condiment)
35,0
2.2
Tropane alkaloids
Maximum level (μg/kg)
Remarks
Atropine
Scopolamine
2.2.1
Baby food and processed cereal-based food for infants and young children (
3
), containing millet, sorghum, buckwheat, maize or their derived products
1,0
1,0
Derived products relate to products containing at least 80 % these cereal products.
The sampling for the control of compliance with the maximum level shall be performed in accordance with the provisions provided for in point J of Annex I to Regulation (EC) No 401/2006.
The maximum level applies to the product as placed on the market.
Sum of atropine and scopolamine
For the sum of atropine and scopolamine, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
2.2.2
Unprocessed millet grains and sorghum grains
5,0
The maximum level applies to unprocessed cereal grains placed on the market before first-stage processing (
6
).
2.2.3
Unprocessed maize grains
15
Except unprocessed maize grains for which it is evident e.g. through labelling, destination, that it is intended for use in a wet milling process only (starch production) and except unprocessed maize grains for popping.
The maximum level applies to unprocessed maize grains placed on the market before first-stage processing (
6
).
2.2.4
Unprocessed buckwheat grains
10
The maximum level applies to unprocessed buckwheat grains placed on the market before first-stage processing (
6
).
2.2.5
Maize for popping
Millet, sorghum and maize placed on the market for the final consumer
Milling products of millet, sorghum and maize
5,0
2.2.6
Buckwheat placed on the market for the final consumer
Milling products of buckwheat
10
2.2.7
Herbal infusions (dried product) and ingredients used for herbal infusions (dried products) except products listed in 2.2.8
25
‘Herbal infusions (dried product)’ refers to:
—
herbal infusions (dried product) from flowers, leaves, stalks, roots, and any other parts of the plant (in sachets or in bulk) used for the preparation of herbal infusion (liquid product); and
—
instant herbal infusions. In the case of powdered extracts, a concentration factor of 4 has to be applied.
2.2.8
Herbal infusions (dried product) and ingredients used for herbal infusions (dried products) of exclusively anise seeds
50
‘Herbal infusions (dried product)’ refers to:
—
herbal infusions (dried product) from flowers, leaves, stalks, roots, and any other parts of the plant (in sachets or in bulk) used for the preparation of herbal infusion (liquid product); and
—
instant herbal infusions. In the case of powdered extracts, a concentration factor of 4 has to be applied.
2.2.9
Herbal infusions (liquid product)
0,20
2.3
Hydrocyanic acid, including hydrocyanic acid bound in cyanogenic glycosides
Maximum level (mg/kg)
Remarks
2.3.1
Unprocessed whole, ground, milled, cracked, chopped linseed not placed on the market for the final consumer
250
The maximum levels do not apply to oilseeds for crushing and oil refining, provided that the remaining pressed oilseeds are not placed on the market as food. In case the remaining pressed oilseeds are placed on the market as food, the maximum levels apply taking into account Article 3(1) and (2).
2.3.2
Unprocessed whole, ground, milled, cracked, chopped linseed placed on the market for the final consumer
150
The maximum level does not apply to unprocessed whole, ground, milled, cracked, chopped linseed placed on the market for the final consumer in small quantities where the warning ‘Only to be used for cooking and baking. Do not consume raw!’ appears in the principal field of vision of the label (using the specific font size (
11
)). The unprocessed whole, ground, milled, cracked, chopped linseed with the warning message has to comply with the maximum level provided for in 2.3.1.
2.3.3
Unprocessed whole, ground, milled, cracked, chopped almonds placed on the market for the final consumer
35
The maximum level does not apply to unprocessed whole, ground, milled, cracked, chopped bitter almonds placed on the market for the final consumer in small quantities where the warning ‘Only to be used for cooking and baking. Do not consume raw!’ appears in the principal field of vision of the label (using the specific font size (
11
)).
2.3.4
Unprocessed whole, ground, milled, cracked, chopped apricot kernels placed on the market for the final consumer
20,0
The operator who places unprocessed whole, ground, milled, cracked, chopped apricot kernels on the market for the final consumer shall provide upon request from the competent authority evidence of compliance of the marketed product with the maximum level.
2.3.5
Cassava root (fresh, peeled)
50,0
2.3.6
Cassava flour and tapioca flour
10,0
2.4
Pyrrolizidine alkaloids
Maximum level (μg/kg)
Remarks
The maximum level refers to the lower bound sum of the following 21 pyrrolizidine alkaloids:
—
intermedine/lycopsamine, intermedine-N-oxide/lycopsamine-N-oxide, senecionine/senecivernine, senecionine-N-oxide/senecivernine-N-oxide, seneciphylline, seneciphylline-N-oxide, retrorsine, retrorsine-N-oxide, echimidine, echimidine-N-oxide, lasiocarpine, lasiocarpine-N-oxide, senkirkine, europine, europine-N-oxide, heliotrine and heliotrine-N-oxide
and the following additional 14 pyrrolizidine alkaloids known to co-elute with one or more of the above identified 21 pyrrolizidine alkaloids, making use of certain currently used analytical methods:
—
indicine, echinatine, rinderine (possible co-elution with lycopsamine/intermedine), indicine-N-oxide, echinatine-N-oxide, rinderine-N-oxide (possible co-elution with lycopsamine-N-oxide/intermedine-N-oxide), integerrimine (possible co-elution with senecivernine/senecionine), integerrimine-N-oxide (possible co-elution with senecivernine-N-oxide/senecionine-N-oxide), heliosupine (possible co-elution with echimidine), heliosupine-N-oxide (possible co-elution with echimidine-N-oxide), spartioidine (possible co-elution with seneciphylline), spartioidine-N-oxide (possible co-elution with seneciphylline-N-oxide), usaramine (possible co-elution with retrorsine), usaramine N-oxide (possible co-elution with retrorsine N-oxide).
Pyrrolizidine alkaloids, which can be individually and separately identified with the used method of analysis, shall be quantified and included in the sum.
For the pyrrolizidine alkaloids, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
2.4.1
Borage leaves (fresh, frozen) placed on the market for the final consumer
750
Without prejudice to more restrictive national rules in certain Member States on the placing of the market of pyrrolizidine alkaloid containing plants.
2.4.2
Dried herbs except products listed in 2.4.3
400
Without prejudice to more restrictive national rules in certain Member States on the placing of the market of pyrrolizidine alkaloid containing plants.
2.4.3
Borage, lovage, marjoram and oregano (dried product) and mixtures exclusively composed of these dried herbs
1 000
Without prejudice to more restrictive national rules in certain Member States on the placing of the market of pyrrolizidine alkaloid containing plants.
2.4.4
Tea (
Camellia sinensis
) and flavoured tea (
12
) (
Camellia sinensis
) (dried product) except tea and flavoured tea referred to in 2.4.5
150
For teas with dried fruits and dried herbs, Article 3 applies.
‘Tea (
Camellia sinensis
) (dried product)’ refers to:
—
tea (
Camellia sinensis
) (dried product) from dried leaves, stalks and flowers (in sachets or in bulk) used for the preparation of tea (liquid product); and
—
instant teas. In the case of powdered tea extracts, a concentration factor of 4 has to be applied.
2.4.5
Tea (
Camellia sinensis
), flavoured tea (
12
) (
Camellia sinensis
) and herbal infusions (dried product) and ingredients used for herbal infusions (dried products) for infants and young children
75
For teas with dried fruits and dried herbs, Article 3 applies.
2.4.6
Tea (
Camellia sinensis
), flavoured tea (
12
) (
Camellia sinensis
) and herbal infusions (liquid product) for infants and young children
1,0
For teas with dried fruits and dried herbs, Article 3 applies.
2.4.7
Herbal infusions (dried product) and ingredients used for herbal infusions (dried products) except products listed in 2.4.5 and 2.4.8
200
‘Herbal infusions (dried product)’ refers to:
—
herbal infusions (dried product) from flowers, leaves, stalks, roots, and any other parts of the plant (in sachets or in bulk) used for the preparation of herbal infusion (liquid product); and
—
instant herbal infusions. In the case of powdered extracts, a concentration factor of 4 has to be applied.
Without prejudice to more restrictive national rules in certain Member States on the placing of the market of pyrrolizidine alkaloid containing plants.
2.4.8
Herbal infusions (dried product) and ingredients used for herbal infusions (dried products) of rooibos, anise (
Pimpinella anisum
), lemon balm, chamomile, thyme, peppermint, lemon verbena and mixtures exclusively composed of these dried herbs except herbal infusions referred to in 2.4.5
400
‘Herbal infusions (dried product)’ refers to:
—
herbal infusions (dried product) from flowers, leaves, stalks, roots, and any other parts of the plant (in sachets or in bulk) used for the preparation of herbal infusion (liquid product); and
—
to instant herbal infusions. In the case of powdered extracts, a concentration factor of 4 has to be applied.
2.4.9
Cumin
400
2.4.10
Food supplements containing botanical preparation (
13
) including extracts except products listed in 2.4.11
400
The maximum level applies to the food supplements as placed on the market.
Without prejudice to more restrictive national rules in certain Member States on the placing of the market of pyrrolizidine alkaloid containing plants.
2.4.11
Pollen based food supplements
Pollen and pollen products
500
The maximum level applies to the food supplements as placed on the market.
2.5
Opium alkaloids
Maximum level (mg/kg)
Remarks
For the opium alkaloids, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
The maximum level refers to the sum of morphine and codeine, for which a factor of 0,2 is applied to the level of codeine. Therefore, the maximum level refers to the sum of morphine + 0,2 × codeine.
2.5.1
Whole, ground or milled poppy seeds placed on the market for the final consumer
20
2.5.2
Bakery products containing poppy seeds or processed products thereof
1,50
Bakery products include also flour-based ready-to-eat savouries and snacks.
Processed products thereof relate to products containing at least 80 % poppy seed products.
The food business operator supplying the poppy seeds to the food business operator manufacturing the bakery products shall provide the necessary information to enable the manufacturer of the bakery products to place products on the market that comply with the maximum level. This information shall include analytical data, where appropriate.
2.6
Delta-9-tetrahydrocannabinol (Δ
9
-THC) equivalents
Maximum level (mg/kg)
Remarks
For delta-9-tetrahydrocannabinol (Δ9-THC) equivalents, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
The maximum level refers to the sum of delta-9-tetrahydrocannabinol (Δ
9
-THC) and delta-9-tetrahydrocannabinolic acid (Δ
9
-THCA), expressed as Δ
9
-THC.
A factor of 0,877 is applied to the level of Δ
9
-THCA and the maximum level refers to the sum of Δ
9
-THC + 0,877 × Δ
9
-THCA (in case of a separate determination and quantification of Δ
9
-THC and Δ
9
-THCA).
2.6.1
Hemp seeds
3,0
2.6.2
Ground hemp seeds, (partially) defatted hemp seed and other hemp seed processed products except products listed in 2.6.3
3,0
Hemp seed processed products are products processed exclusively from hemp seeds.
2.6.3
Hemp seed oil
7,5
3
Metals and other elements
3.1
Lead
Maximum level (mg/kg)
Remarks
3.1.1
Fruits
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.1.1
Cranberries, currants, elderberries and strawberry tree fruits
0,20
3.1.1.2
Fruits other than cranberries, currants, elderberries and strawberry tree fruits
0,10
3.1.2
Root and tuber vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.2.1
Root and tuber vegetables except products listed in 3.1.2.2 and 3.1.2.3
0,10
For potatoes, the maximum level applies to peeled potatoes.
3.1.2.2
Fresh ginger, fresh turmeric
0,80
3.1.2.3
Salsify
0,30
3.1.3
Bulb vegetables
0,10
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.4
Fruiting vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.4.1
Fruiting vegetables except products listed in 3.1.4.2
0,050
3.1.4.2
Sweetcorn
0,10
3.1.5
Brassica vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.5.1
Brassica vegetables other than those listed in 3.1.5.2
0,10
3.1.5.2
Leafy brassica
0,30
3.1.6
Leaf vegetables excluding fresh herbs and edible flowers
0,30
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.7
Legume vegetables
0,10
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.8
Stem vegetables
0,10
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.9
Fungi
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.1.9.1
The following cultivated fungi:
Common mushroom (
Agaricus bisporus
)
Oyster mushroom (
Pleurotus ostreatus
)
Shiitake mushroom (
Lentinula edodes
)
0,30
3.1.9.2
Wild fungi
0,80
3.1.10
Pulses
0,20
3.1.11
Cereals
0,20
3.1.12
Dried spices
3.1.12.1
Seed spices
0,90
3.1.12.2
Fruit spices
0,60
3.1.12.3
Bark spices
2,0
3.1.12.4
Root and rhizome spices
1,50
3.1.12.5
Bud spices
1,0
3.1.12.6
Flower pistil spices
1,0
3.1.13
Meat of bovine animals, sheep, pig and poultry (
2
) except products listed in 3.1.14
0,10
The maximum level applies to the wet weight.
3.1.14
Offal (
2
)
The maximum level applies to the wet weight.
3.1.14.1
of bovine animals and sheep
0,20
3.1.14.2
of pig
0,15
3.1.14.3
of poultry
0,10
3.1.15
Fishery products (
2
) and bivalve molluscs (
2
)
The maximum level applies to the wet weight.
3.1.15.1
Muscle meat of fish
0,30
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.1.15.2
Cephalopods
0,30
The maximum level applies to the animal without viscera.
3.1.15.3
Crustaceans
0,50
The maximum level applies to muscle meat from appendages and abdomen, which means, that the cephalothorax of crustaceans is excluded. In case of crabs and crab-like crustaceans (
Brachyura
 and 
Anomura
), the maximum level applies to the muscle meat from appendages.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.1.15.4
Bivalve molluscs
1,50
In case of 
Pecten maximus
, the maximum level applies to the adductor muscle and gonad only.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.1.16
Raw milk (
2
), heat-treated milk and milk for the manufacture of milk-based products
0,020
The maximum level applies to the wet weight.
3.1.17
Honey
0,10
3.1.18
Fats and oils
0,10
Including milk fat.
3.1.19
Fruit juices, fruit juices from concentrate, concentrated fruit juices and fruit nectars (
9
)
The maximum level applies to the wet weight.
For concentrated fruit juice, the maximum level applies to the reconstituted juice.
3.1.19.1
exclusively from berries and other small fruits
0,05
3.1.19.2
other than exclusively from berries and other small fruits, including mixtures
0,03
3.1.20
Wine (
7
), cider, perry and fruit wine
The maximum level applies to the wet weight.
Including semi-sparkling and sparkling wines, excluding liqueur wine and wine with an alcoholic strength of not less than 15 % vol.
3.1.20.1
products produced from the 2001 fruit harvest to the 2015 fruit harvest
0,20
3.1.20.2
products produced from the 2016 fruit harvest to the 2021 fruit harvest
0,15
3.1.20.3
products produced from the 2022 fruit harvest onwards
0,10
3.1.21
Aromatised wine, aromatised wine-based drinks and aromatised wine-product cocktails (
8
)
The maximum level applies to the wet weight.
3.1.21.1
products produced from the 2001 fruit harvest to the 2015 fruit harvest
0,20
3.1.21.2
products produced from the 2016 fruit harvest to the 2021 fruit harvest
0,15
3.1.21.3
products produced from the 2022 fruit harvest onwards
0,10
3.1.22
Liqueur wine made from grapes (
7
)
The maximum level applies to the wet weight.
3.1.22.1
products produced from the 2022 fruit harvest onwards
0,15
3.1.23
Salts
3.1.23.1
Salts except products listed in 3.1.23.2
1,0
3.1.23.2
The following unrefined salts: ‘fleur de sel’ and ‘grey salt’ which are manually harvested from salt marshes with a clay bottom
2,0
3.1.24
Infant formulae, follow-on formulae (
3
) and young-child formulae (
4
)
The maximum level applies to the product as placed on the market.
3.1.24.1
placed on the market as powder
0,020
3.1.24.2
placed on the market as liquid
0,010
3.1.25
Drinks for infants and young children placed on the market and labelled as such except products listed in 3.1.24 and 3.1.27
3.1.25.1
placed on the market as liquid or to be reconstituted following instructions of the manufacturer
0,020
Including fruit juices.
The maximum level applies to the products ready to use.
3.1.25.2
to be prepared by infusion or decoction
0,50
The maximum level applies to the product as placed on the market.
3.1.26
Baby food and processed cereal-based food for infants and young children (
3
) except products listed in 3.1.25
0,020
The maximum level applies to the product as placed on the market.
3.1.27
Food for special medical purposes intended for infants and young children (
3
)
The maximum level applies to the product as placed on the market.
3.1.27.1
placed on the market as powder
0,020
3.1.27.2
placed on the market as liquid
0,010
3.1.28
Food supplements
3,0
3.2
Cadmium
Maximum level (mg/kg)
Remarks
3.2.1
Fruits and tree nuts
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.1.1
Fruits except products listed in 3.2.1.2, 3.2.1.3 and 3.2.1.4
0,050
3.2.1.2
Citrus fruits, pome fruits, stone fruits, table olives, kiwi fruits, bananas, mangoes, papayas and pineapples
0,020
3.2.1.3
Berries and small fruits, except products listed in 3.2.1.4
0,030
3.2.1.4
Raspberries
0,040
3.2.1.5
Tree nuts
The maximum levels do not apply to tree nuts for crushing and oil refining, provided that the remaining pressed tree nuts are not placed on the market as food. In case the remaining pressed tree nuts are placed on the market as food, the maximum levels apply, taking into account Article 3(1) and (2).
3.2.1.5.1
Tree nuts except products listed in 3.2.1.5.2
0,20
3.2.1.5.2
Pine nuts
0,30
3.2.2
Root and tuber vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.2.1
Root and tuber vegetables except products listed in 3.2.2.2, 3.2.2.3, 3.2.2.4, 3.2.2.5 and 3.2.2.6
0,10
For potatoes, the maximum level applies to peeled potatoes.
3.2.2.2
Beetroots
0,060
3.2.2.3
Celeriac
0,15
3.2.2.4
Horseradish, parsnips, salsify
0,20
3.2.2.5
Radishes
0,020
3.2.2.6
Tropical roots and tubers, parsley roots, turnips
0,050
3.2.3
Bulb vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.3.1
Bulb vegetables except products listed in 3.2.3.2
0,030
3.2.3.2
Garlic
0,050
3.2.4
Fruiting vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.4.1
Fruiting vegetables except products listed in 3.2.4.2
0,020
3.2.4.2
Aubergines
0,030
3.2.5
Brassica vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.5.1
Brassica except products listed in 3.2.5.2
0,040
3.2.5.2
Leafy brassica
0,10
3.2.6
Leaf vegetables and herbs
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.6.1
Leaf vegetables except products listed in 3.2.6.2
0,10
3.2.6.2
Spinaches and similar leaves, mustard seedlings and fresh herbs
0,20
3.2.7
Legume vegetables
0,020
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.8
Stem vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.8.1
Stem vegetables except products listed in 3.2.8.2 and 3.2.8.3
0,030
3.2.8.2
Celeries
0,10
3.2.8.3
Leeks
0,040
3.2.9
Fungi
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.2.9.1
Cultivated fungi except products listed in 3.2.9.2
0,050
3.2.9.2
Oyster mushroom (
Pleurotus ostreatus
)
Shiitake mushroom (
Lentinula edodes
)
0,15
3.2.9.3
Wild fungi
0,50
3.2.10
Pulses and proteins from pulses
3.2.10.1
Pulses except products listed in 3.2.10.2
0,040
3.2.10.2
Proteins from pulses
0,10
3.2.11
Oilseeds
The maximum levels do not apply to oilseeds for crushing and oil refining, provided that the remaining pressed oilseeds are not placed on the market as food. In case the remaining pressed oilseeds are placed on the market as food, the maximum levels apply, taking into account Article 3(1) and (2).
3.2.11.1
Oilseeds except products listed in 3.2.11.2, 3.2.11.3, 3.2.11.4, 3.2.11.5 and 3.2.11.6
0,10
3.2.11.2
Rape seeds
0,15
3.2.11.3
Peanuts and soy beans
0,20
3.2.11.4
Mustard seeds
0,30
3.2.11.5
Linseeds and sunflower seeds
0,50
3.2.11.6
Poppy seeds
1,20
3.2.12
Cereals
The maximum levels do not apply to cereals used for the production of beer or distillates, provided that the remaining cereal residue is not placed on the market as food. In case the remaining cereal residue is placed on the market as food, the maximum levels apply, taking into account Article 3(1) and (2).
3.2.12.1
Cereals except products listed in 3.2.12.2, 3.2.12.3, 3.2.12.4 and 3.2.12.5
0,10
3.2.12.2
Barley and rye
0,050
3.2.12.3
Rice, quinoa, wheat bran and wheat gluten
0,15
3.2.12.4
Durum wheat (
Triticum durum
)
0,18
3.2.12.5
Wheat germ
0,20
3.2.13
Products of animal origin (
2
)
The maximum level applies to the wet weight.
3.2.13.1
Meat of bovine animals, sheep, pig and poultry
0,050
Except offal.
3.2.13.2
Horsemeat
0,20
Except offal.
3.2.13.3
Liver of bovine animals, sheep, pig, poultry and horse
0,50
3.2.13.4
Kidney of bovine animals, sheep, pig, poultry and horse
1,0
3.2.14
Fishery products (
2
) and bivalve molluscs (
2
)
The maximum level applies to the wet weight.
3.2.14.1
Muscle meat of fish except species listed in 3.2.14.2, 3.2.14.3 and 3.2.14.4
0,050
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.2.14.2
Muscle meat of the following fish:
Mackerel (
Scomber
 species)
Tuna (
Thunnus
 species, 
Katsuwonus pelamis, Euthynnus
 species)
Bichique (
Sicyopterus lagocephalus
)
0,10
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.2.14.3
Muscle meat of bullet tuna (
Auxis
 species)
0,15
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.2.14.4
Muscle meat of the following fish:
Anchovy (
Engraulis
 species)
Swordfish (
Xiphias gladius
)
Sardine (
Sardina pilchardus
)
0,25
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.2.14.5
Crustaceans
0,50
The maximum level applies to muscle meat from appendages and abdomen, which means that the cephalothorax of crustaceans is excluded. In case of crabs and crab-like crustaceans (
Brachyura
 and 
Anomura
) the maximum level applies to the muscle meat from appendages.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.2.14.6
Bivalve molluscs
1,0
In case of 
Pecten maximus
, the maximum level applies to the adductor muscle and gonad only.
In case of dried, diluted, processed and/or compound food, Articles 3(1) and (2) apply.
3.2.14.7
Cephalopods
1,0
The maximum level applies to the animal without viscera.
In case of dried, diluted, processed and/or compound food, Articles 3(1) and (2) apply.
3.2.15
Cocoa and chocolate products (
14
)
3.2.15.1
Milk chocolate with < 30 % total dry cocoa solids
0,10
3.2.15.2
Chocolate with < 50 % total dry cocoa solids; milk chocolate with ≥ 30 % total dry cocoa solids
0,30
3.2.15.3
Chocolate with ≥ 50 % total dry cocoa solids
0,80
3.2.15.4
Cocoa powder placed on the market for the final consumer or as an ingredient in sweetened cocoa powder or powdered chocolate placed on the market for the final consumer (drinking chocolate)
0,60
3.2.16
Salt
0,50
3.2.17
Infant formulae, follow-on formulae, food for special medical purposes intended for infants and young children (
3
) and young-child formulae (
4
)
The maximum level applies to the product as placed on the market.
3.2.17.1
placed on the market as powder and manufactured from cows' milk proteins or cow’s milk protein hydrolysates
0,010
3.2.17.2
placed on the market as liquid and manufactured from cows' milk proteins or cow’s milk protein hydrolysates
0,005
3.2.17.3
placed on the market as powder and manufactured from soy protein isolates, alone or in a mixture with cows' milk proteins
0,020
3.2.17.4
placed on the market as liquid and manufactured from soy protein isolates, alone or in a mixture with cows' milk proteins
0,010
3.2.18
Young-child formulae (
4
)
The maximum level applies to the product as placed on the market.
3.2.18.1
placed on the market as powder and manufactured from plant protein isolates other than soy protein isolates, alone or in a mixture with cow’s milk proteins
0,020
3.2.18.2
placed on the market as liquid and manufactured from plant protein isolates other than soya protein isolates, alone or in a mixture with cow’s milk proteins
0,010
3.2.19
Drinks for infants and young children labelled and placed on the market as such except products listed in 3.2.17 and 3.2.18
3.2.19.1
placed on the market as liquid or to be reconstituted following instructions of the manufacturer
0,020
Including fruit juices.
The maximum level applies to the products ready to use.
3.2.20
Baby food and processed cereal-based food for infants and young children (
3
)
0,040
The maximum level applies to the product as placed on the market.
3.2.21
Food supplements
3.2.21.1
Food supplements except products listed in 3.2.21.2
1,0
3.2.21.2
Food supplements consisting at least of 80 % from dried seaweed, from products derived from seaweed or from dried bivalve molluscs (
2
)
3,0
3.3
Mercury
Maximum level (mg/kg)
Remarks
3.3.1
Fishery products (
2
) and bivalve molluscs (
2
)
The maximum level applies to the wet weight.
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
3.3.1.1
Crustaceans, molluscs and muscle meat of fish except species listed in 3.3.1.2 and 3.3.1.3
0,50
For crustaceans, the maximum level applies to muscle meat from appendages and abdomen, which means, that the cephalothorax of crustaceans is excluded. In case of crabs and crab-like crustaceans (
Brachyura
 and 
Anomura
) the maximum level applies to the muscle meat from appendages.
In case of 
Pecten maximus
, the maximum level applies to the adductor muscle and gonad only.
3.3.1.2
Muscle meat of following fish:
Axillary seabream (
Pagellus acarne
)
Black scabbardfish (
Aphanopus carbo
)
Blackspot seabream (
Pagellus bogaraveo
)
Bonito (
Sarda sarda
)
Common pandora (
Pagellus erythrinus
)
Escolar (
Lepidocybium flavobrunneum
)
Halibut (
Hippoglossus
 species)
Kingklip (
Genypterus capensis
)
Marlin (
Makaira
 species)
Megrim (
Lepidorhombus
 species)
Oilfish (
Ruvettus pretiosus
)
Orange roughy (
Hoplostethus atlanticus
)
Pink cusk-eel (
Genypterus blacodes
)
Pike (
Esox
 species)
Plain bonito (
Orcynopsis unicolor
)
Poor cod (
Trisopterus
 species)
Red mullet (
Mullus barbatus barbatus
)
Roundnose grenadier (
Coryphaenoides rupestris
)
Sail fish (
Istiophorus
 species)
Silver scabbardfish (
Lepidopus caudatus
)
Snake mackerel (
Gempylus serpens
)
Sturgeon (
Acipenser
 species)
Surmullet (
Mullus surmuletus
)
Tuna (
Thunnus
 species
, Euthynnus
 species
, Katsuwonus pelamis
)
Shark (all species)
Swordfish (
Xiphias gladius
)
1,0
3.3.1.3
Cephalopods
Marine gastropods
Muscle meat of the following fish:
Anchovy (
Engraulis
 species)
Alaska pollock (
Theragra chalcogramma
)
Atlantic cod (
Gadus morhua
)
Atlantic herring (
Clupea harengus
)
Basa (
Pangasius bocourti
)
Carp (species belonging to the 
Cyprinidae
 family)
Common dab (
Limanda limanda
)
Mackerel (
Scomber
 species)
European flounder (
Platichthys flesus
)
European plaice (
Pleuronectes platessa
)
European sprat (
Sprattus sprattus
)
Mekong giant catfish (
Pangasianodon gigas
)
Pollock (
Pollachius pollachius
)
Saithe (
Pollachius virens
)
Salmon & Trout (
Salmo
 species and 
Oncorhynchus
 species, except 
Salmo trutta
)
Sardine or Pilchard (
Dussumieria
 species, 
Sardina
 species, 
Sardinella
 species and 
Sardinops
 species)
Sole (
Solea Solea
)
Striped catfish (
Pangasianodon hypopthalmus
)
Whiting (
Merlangius merlangus
)
0,30
For cephalopods, the maximum level applies to the animal without viscera.
3.3.2
Food supplements
0,10
3.3.3
Salt
0,10
3.4
Arsenic
Maximum level (mg/kg)
Remarks
Inorganic arsenic (sum of As
(III)
 and As
(V)
)
The maximum level for inorganic arsenic applies to products listed in 3.4.1 to 3.4.4.
3.4.1
Cereals and cereal based products
Rice, husked rice, milled rice and parboiled rice as defined in Codex Standard 198-1995.
3.4.1.1
Non-parboiled milled rice (polished or white rice)
0,15
3.4.1.2
Parboiled rice and husked rice
0,25
3.4.1.3
Rice flour
0,25
3.4.1.4
Rice waffles, rice wafers, rice crackers, rice cakes, rice flakes and popped breakfast rice
0,30
3.4.1.5
Rice destined for the production of food for infants and young children (
3
)
0,10
3.4.1.6
Non-alcoholic rice-based drinks
0,030
3.4.2
Infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children (
3
) and young child formulae (
4
)
The maximum level applies to the product as placed on the market.
3.4.2.1
placed on the market as powder
0,020
3.4.2.2
placed on the market as liquid
0,010
3.4.3
Baby food (
3
)
0,020
The maximum level applies to the product as placed on the market.
3.4.4
Fruit juices, concentrated fruit juices as reconstituted and fruit nectars (
9
)
0,020
Total arsenic
The maximum level for total arsenic applies to products listed in 3.4.5.
3.4.5
Salt
0,50
3.5
Tin (inorganic)
Maximum level (mg/kg)
Remarks
3.5.1
Canned food except products listed in 3.5.2, 3.5.3, 3.5.4 and 3.5.5
200
The maximum level applies to the wet weight.
3.5.2
Canned beverages except products listed in 3.5.3, 3.5.4 and 3.5.5
100
The maximum level applies to the wet weight.
Including fruit juices and vegetable juices.
3.5.3
Canned infant formulae, canned follow-on formulae (
3
) and canned young-child formulae (
4
)
50
Except canned dried and canned powdered products.
The maximum level applies to the product as placed on the market.
3.5.4
Canned baby food and canned processed cereal-based food for infants and young children (
3
)
50
Except canned dried and canned powdered products.
The maximum level applies to the product as placed on the market.
3.5.5
Canned food for special medical purposes intended for infants and young children (
3
)
50
Except canned dried and canned powdered products.
The maximum level applies to the product as placed on the market.
4
Halogenated persistent organic pollutants
4.1
Dioxins and PCBs
Maximum level
Remarks
Sum of dioxins (pg WHO-PCDD/F-TEQ/g) (
15
)
Sum of dioxins and dioxin-like PCBs (pg WHO-PCDD/F-PCB-TEQ/g) (
15
)
Sum of non dioxin-like PCBs (ng/g) (
15
)
Sum of non dioxin-like PCBs is of PCB28, PCB52, PCB101, PCB138, PCB153 and PCB180 (ICES - 6).
Maximum levels refer to upper bound concentrations, which are calculated on the assumption that all the values of the different congeners below the limit of quantification are equal to the limit of quantification.
4.1.1
Meat and meat products except edible offal and products listed in 4.1.3 and 4.1.4 (
2
)
Maximum levels expressed on fat are not applicable for food containing < 2 % fat. For food containing less than 2 % fat, the maximum level applicable is the level on product basis corresponding to the level on product basis for the food containing 2 % fat, calculated from the maximum level established on fat basis, making use of following formula: Maximum level expressed on product basis for food containing less than 2 % fat = maximum level expressed on fat for that food × 0,02.
4.1.1.1
of bovine, ovine and caprine animals
2,5  pg/g fat
4,0  pg/g fat
40  ng/g fat
4.1.1.2
of pigs
1,0  pg/g fat
1,25  pg/g fat
40  ng/g fat
4.1.1.3
of poultry
1,75  pg/g fat
3,0  pg/g fat
40  ng/g fat
4.1.1.4
of horse
5,0  pg/g fat
10,0  pg/g fat
-
4.1.1.5
of rabbit
1,0  pg/g fat
1,5  pg/g fat
-
4.1.1.6
of wild boar (
Sus scrofa
)
5,0  pg/g fat
10,0  pg/g fat
-
4.1.1.7
of wild game birds
2,0  pg/g fat
4,0  pg/g fat
-
4.1.1.8
venison
3,0  pg/g fat
7,5  pg/g fat
-
4.1.2
Liver and derived products thereof
4.1.2.1
of bovine and caprine animals, pigs, poultry and horse
0,30  pg/g wet weight
0,50  pg/g wet weight
3,0  ng/g wet weight
4.1.2.2
of ovine animals
1,25  pg/g wet weight
2,00  pg/g wet weight
3,0  ng/g wet weight
4.1.2.3
of wild game birds
2,5  pg/g wet weight
5,0  pg/g wet weight
-
4.1.3
Fat
4.1.3.1
of bovine animals and sheep
2,5  pg/g fat
4,0  pg/g fat
40  ng/g fat
4.1.3.2
of pigs
1,0  pg/g fat
1,25  pg/g fat
40  ng/g fat
4.1.3.3
of poultry
1,75  pg/g fat
3,0  pg/g fat
40  ng/g fat
4.1.4
Mixed animal fats
1,5  pg/g fat
2,50  pg/g fat
40  ng/g fat
4.1.5
Fishery products (
2
) and bivalve molluscs (
2
) except products listed in 4.1.6, 4.1.7, 4.1.8, 4.1.9 and 4.1.10
3,5  pg/g wet weight
6,5  pg/g wet weight
75  ng/g wet weight
In case of fish, maximum level applies to muscle meat of fish.
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
The maximum level for crustaceans applies to muscle meat from appendages and abdomen, that means, that the cephalothorax of crustaceans is excluded.
4.1.6
Muscle meat of wild caught fresh water fish and products thereof
3,5  pg/g wet weight
6,5  pg/g wet weight
125  ng/g wet weight
Except diadromous fish species caught in fresh water and products thereof
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
4.1.7
Muscle meat of wild caught spiny dogfish (
Squalus acanthias
) and products thereof
3,5  pg/g wet weight
6,5  pg/g wet weight
200  ng/g wet weight
4.1.8
Muscle meat of wild caught eel (
Anguilla anguilla
) and products thereof
3,5  pg/g wet weight
10,0  pg/g wet weight
300  ng/g wet weight
4.1.9
Fish liver and derived products thereof except products listed in 4.1.10
-
20,0  pg/g wet weight
200  ng/g wet weight
In the case of canned fish liver, the maximum level applies to the whole edible content of the can.
4.1.10
Marine oils (fish body oil, fish liver oil and oils of other marine organisms placed on the market for the final consumer)
1,75  pg/g fat
6,0  pg/g fat
200  ng/g fat
4.1.11
Raw milk (
2
) and dairy products (
2
)
2,0  pg/g fat
4,0  pg/g fat
40  ng/g fat
Including butter fat.
Maximum levels expressed on fat are not applicable for food containing < 2 % fat. For food containing less than 2 % fat, the maximum level applicable is the level on product basis corresponding to the level on product basis for the food containing 2 % fat, calculated from the maximum level established on fat basis, making use of following formula: Maximum level expressed on product basis for food containing less than 2 % fat = maximum level expressed on fat for that food × 0,02.
4.1.12
Eggs and egg products except goose eggs (
2
)
2,5  pg/g fat
5,0  pg/g fat
40  ng/g fat
Maximum levels expressed on fat are not applicable for food containing < 2 % fat. For food containing less than 2 % fat, the maximum level applicable is the level on product basis corresponding to the level on product basis for the food containing 2 % fat, calculated from the maximum level established on fat basis, making use of following formula: Maximum level expressed on product basis for food containing less than 2 % fat = maximum level expressed on fat for that food × 0,02.
4.1.13
Vegetable oils and fats
0,75  pg/g fat
1,25  pg/g fat
40  ng/g fat
4.1.14
Food intended for infants and young children (
3
)
0,1  pg/g wet weight
0,2  pg/g wet weight
1,0  ng/g wet weight
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
4.2
Perfluoroalkyl substances
Maximum level (μg/kg)
Remarks
PFOS
PFOA
PFNA
PFHxS
Sum of PFOS, PFOA, PFNA and PFHxS
The maximum level applies to the wet weight.
PFOS: perfluorooctane sulfonic acid
PFOA: perfluorooctanoic acid
PFNA: perfluorononanoic acid
PFHxS: perfluorohexane sulfonic acid
For PFOS, PFOA, PFNA, PFHxS and their sum, the maximum level refers to the sum of linear and branched stereoisomers, whether they are chromatographically separated or not.
For the sum of PFOS, PFOA, PFNA and PFHxS, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
4.2.1
Meat and edible offal (
2
)
4.2.1.1
Meat of bovine animals, pig and poultry
0,30
0,80
0,20
0,20
1,3
4.2.1.2
Meat of sheep
1,0
0,20
0,20
0,20
1,6
4.2.1.3
Offal of bovine animals, sheep, pig and poultry
6,0
0,70
0,40
0,50
8,0
4.2.1.4
Meat of game animals, with the exception of bear meat
5,0
3,5
1,5
0,60
9,0
4.2.1.5
Offal of game animals, with the exception of bear offal
50
25
45
3,0
50
4.2.2
Fishery products (
2
) and bivalve molluscs (
2
)
In case of dried, diluted, processed and/or compound food, Article 3(1) and (2) apply.
4.2.2.1
Fish meat
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
4.2.2.1.1
Muscle meat of fish, except products listed in 4.2.2.1.2 and 4.2.2.1.3
Muscle meat of fish listed in 4.2.2.1.2 and 4.2.2.1.3, in case it is intended for the production of food for infants and young children
2,0
0,20
0,50
0,20
2,0
4.2.2.1.2
Muscle meat of the following fish, in case it is not intended for the production of food for infants and young children:
Baltic herring (
Clupea harengus membras
)
Bonito (
Sarda
 and 
Orcynopsis
 species)
Burbot (
Lota lota
)
European sprat (
Sprattus sprattus
)
Flounder (
Platichthys flesus
 and 
Glyptocephalus cynoglossus
)
Grey mullet (
Mugil cephalus
)
Horse mackerel (
Trachurus trachurus
)
Pike (
Esox
 species)
Plaice (
Pleuronectes
 and 
Lepidopsetta
 species)
Sardine and pilchard (
Sardina
 species)
Seabass (
Dicentrarchus
 species)
Sea catfish (
Silurus
 and 
Pangasius
 species)
Sea lamprey (
Petromyzon marinus
)
Tench (
Tinca tinca
)
Vendace (
Coregonus albula
 and 
Coregonus vandesius
)
Silverly lightfish (
Phosichthys argenteus
)
Wild salmon and wild trout (wild 
Salmo
 and 
Oncorhynchus
 species)
Wolf fish (
Anarhichas
 species)
7,0
1,0
2,5
0,20
8,0
4.2.2.1.3
Muscle meat of the following fish, in case it is not intended for the production of food for infants and young children:
Anchovy (
Engraulis
 species)
Babel (
Barbus barbus
)
Bream (
Abramis
 species)
Char (
Salvelinus
 species)
Eel (
Anguilla
 species)
Pike-perch (
Sander
 species)
Perch (
Perca fluviatilis
)
Roach (
Rutilus rutilus
)
Smelt (
Osmerus
 species)
Whitefish (
Coregonus
 species other than those listed in 4.2.2.1.2)
35
8,0
8,0
1,5
45
4.2.2.2
Crustaceans and bivalve molluscs
3,0
0,70
1,0
1,5
5,0
For crustaceans, the maximum level applies to muscle meat from appendages and abdomen, that means, that the cephalothorax of crustaceans is excluded. In case of crabs and crab-like crustaceans (
Brachyura
 and 
Anomura
), the maximum level applies to the muscle meat from appendages.
In case of 
Pecten maximus
, the maximum level applies to the adductor muscle and gonad only.
For canned crustaceans, the maximum level applies to the whole content of the can. As regards the maximum level for the whole composite product, Article 3(1), point (c) and Article 3(2) apply.
4.2.3
Eggs
1,0
0,30
0,70
0,30
1,7
5
Processing contaminants
5.1
Polycyclic aromatic hydrocarbons (PAHs)
Maximum level (μg/kg)
Remarks
Benzo(a)pyrene
Sum of PAHs: benzo(a)pyrene, benz(a)anthracene, benzo(b) fluoranthene and chrysene
For the sum of PAHs, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values of the four substances below the limit of quantification are zero.
5.1.1
Banana chips
2,0
20,0
5.1.2
Powders of food of plant origin for the preparation of beverages except products listed in 5.1.4 and 5.1.5
10,0
50,0
The preparation of beverages refers to the use of powders that are finely ground and are stirred into drinks.
Except instant or soluble coffee.
5.1.3
Dried herbs
10,0
50,0
The maximum level applies to the product as placed on the market.
5.1.4
Cocoa beans and derived products except products listed in 5.1.5
5,0  μg/kg fat
30,0  μg/kg fat
Including cocoa butter.
5.1.5
Cocoa fibre and products derived from cocoa fibre intended for use as an ingredient in food
3,0
15,0
Cocoa fibre is a specific cocoa product produced from the shell of the cocoa bean and contains higher levels of PAHs than the cocoa products produced from the cocoa nibs. The cocoa fibre and derived products are intermediate products in the production chain and are used as an ingredient in the preparation of low calorie, high fibre food.
5.1.6
Smoked meat and smoked meat products
2,0
12,0
5.1.7
Smoked fishery products (
2
) except products listed in 5.1.8
2,0
12,0
In case of fish, the maximum level applies to muscle meat of fish.
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
The maximum level for smoked crustaceans applies to muscle meat from appendages and abdomen, that means, that the cephalothorax of crustaceans is excluded. In case of smoked crabs and crab-like crustaceans (
Brachyura
 and 
Anomura
) it applies to muscle meat from appendages.
5.1.8
Smoked sprats and canned smoked sprats (
Sprattus sprattus
)
Smoked Baltic herring ≤ 14 cm length and canned smoked Baltic herring ≤ 14 cm length (
Clupea harengus membras
)
Katsuobushi (dried bonito, 
Katsuwonus pelamis
)
Bivalve molluscs (
2
) (fresh, chilled or frozen)
Heat treated meat and heat treated meat products placed on the market for the final consumer
5,0
30,0
Where fish are intended to be eaten whole, the maximum level applies to the whole fish.
Meat and meat products that have undergone a heat treatment potentially resulting in formation of PAH, i.e. only grilling and barbecuing.
For the canned products, the maximum level applies to the whole content of the can. As regards the maximum level for the whole composite product, Article 3(1), point (c) and Article 3(2) apply.
5.1.9
Smoked bivalve molluscs (
2
)
6,0
35,0
5.1.10
Dried spices
10,0
50,0
Except cardamom and smoked 
Capsicum
 spp.
The maximum level applies to the product as placed on the market.
5.1.11
Oils and fats placed on the market for the final consumer or use as an ingredient in food
2,0
10,0
Except cocoa butter and coconut oil.
This maximum level applies to vegetable oils used as an ingredient in food supplements.
5.1.12
Coconut oil placed on the market for the final consumer or use as an ingredient in food
2,0
20,0
5.1.13
Infant formulae, follow-on formulae (
3
) and young-child formulae (
4
)
1,0
1,0
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
5.1.14
Baby food and processed cereal-based food for infants and young children (
3
)
1,0
1,0
The maximum level applies to the product as placed on the market.
5.1.15
Food for special medical purposes intended for infants and young children (
3
)
1,0
1,0
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
5.1.16
Food supplements containing botanicals and their preparations (
13
)
Food supplements containing propolis, royal jelly, spirulina or their preparations
10,0
50,0
The maximum level does not apply to food supplements containing vegetable oils. For vegetable oils used as an ingredient in food supplements, see point 5.1.11.
5.2
3-monochloropropane-1,2-diol (3-MCPD)
Maximum level (μg/kg)
Remarks
5.2.1
Hydrolysed vegetable protein
20
The maximum level is given for the liquid product containing 40 % dry matter, corresponding to a maximum level of 50 μg/kg in the dry matter. The level needs to be adjusted proportionally according to the dry matter content of the products.
5.2.2
Soy sauce
20
The maximum level is given for the liquid product containing 40 % dry matter, corresponding to a maximum level of 50 μg/kg in the dry matter. The level needs to be adjusted proportionally according to the dry matter content of the products.
5.3
Sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, expressed as 3-MCPD
Maximum level (μg/kg)
Remarks
For the sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
5.3.1
Vegetable oils and fats, fish oils and oils from other marine organisms except products listed in 5.3.2 placed on the market for the final consumer or for use as an ingredient in food falling within the following categories:
Except virgin olive oils (
7
).
5.3.1.1
oils and fats from coconut, maize, rapeseed, sunflower, soybean, palm kernel and olive oils (composed of refined olive oil and virgin olive oil) and mixtures of oils and fats with oils and fats only from this category
1 250
Except virgin olive oils (
7
).
5.3.1.2
other vegetable oils, fish oils and oils from other marine organisms and mixtures of oils and fats with oils and fats only from this category
2 500
Including pomace olive oils.
5.3.1.3
mixtures of oils and fats from products listed in 5.3.1.1 and 5.3.1.2
-
The oils and fats used as ingredient for the mixture shall comply with the maximum level established for the oil and fat. Therefore, the level of the sum of 3-MCPD and 3-MCPD fatty acid esters, expressed as 3-MCPD in the mixture, shall not exceed the level calculated in accordance with Article 3(1), point (c).
In case the quantitative composition is not known for the competent authority and the food business operator, not producing the mixture, the level of the sum of 3-MCPD and 3-MCPD fatty acid esters, expressed as 3-MCPD in the mixture shall in any case not exceed 2 500  μg/kg.
5.3.2
Vegetable oils and fats, fish oils and oils from other marine organisms destined for the production of baby food and processed cereal-based food for infants and young children (
3
)
750
When the product is a mixture of different oils or fats of the same or of different botanical origins, the maximum level applies for the mixture. The oils and fats used as ingredient for the mixture shall comply with the maximum level established for the oil and fat in point 5.3.1.
5.3.3
Infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children (
3
) and young-child formulae (
4
)
The maximum level applies to the product as placed on the market.
5.3.3.1
placed on the market as powder
125
5.3.3.2
placed on the market as liquid
15
5.4
Glycidyl fatty acid esters, expressed as glycidol
Maximum level (μg/kg)
Remarks
5.4.1
Vegetable oils and fats, fish oils and oils from other marine organisms placed on the market for the final consumer or for use as an ingredient in food except products listed in 5.4.2
1 000
Except virgin olive oils (
7
).
5.4.2
Vegetable oils and fats, fish oils and oils from other marine organisms destined for the production of baby food and processed cereal-based food for infants and young children (
3
)
500
When the product is a mixture of different oils or fats of the same or of different botanical origins, the maximum level applies for the mixture.
The oils and fats used as ingredient for the mixture shall comply with the maximum level established for the oil and fat in point 5.4.1.
5.4.3
Infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children (
3
) and young-child formulae (
4
)
The maximum level applies to the product as placed on the market.
5.4.3.1
placed on the market as powder
50
5.4.3.2
placed on the market as liquid
6,0
6
Other contaminants
6.1
Nitrates
Maximum level
(mg NO
3
/kg)
6.1.1
Fresh spinach (S
pinacia oleracea
)
3 500
The maximum level does not apply for fresh spinach for processing, which is directly transported in bulk from field to processing plant.
6.1.2
Preserved, deep-frozen or frozen spinach
2 000
6.1.3
Fresh lettuce (
Lactuca sativa
 L.) except products listed in 6.1.4
6.1.3.1
Lettuce grown under cover, harvested between 1 October and 31 March
5 000
Lettuce grown under cover has to be labelled as such; otherwise the maximum level specified in 6.1.3.2 applies.
6.1.3.2
Lettuce grown in the open air, harvested between 1 October and 31 March
4 000
6.1.3.3
Lettuce grown under cover, harvested between 1 April and 30 September
4 000
Lettuce grown under cover has to be labelled as such; otherwise the maximum level specified in 6.1.3.4 applies.
6.1.3.4
Lettuce grown in the open air, harvested between 1 April and 30 September
3 000
6.1.4
‘Iceberg’ type lettuce
Including Grazer Krauthäuptl.
6.1.4.1
Lettuce grown under cover
2 500
Lettuce grown under cover has to be labelled as such; otherwise the maximum level specified in 6.1.4.2 applies.
6.1.4.2
Lettuce grown in the open air
2 000
6.1.5
Rucola (
Eruca sativa, Diplotaxis
 sp.
, Brassica tenuifolia, Sisymbrium tenuifolium
)
6.1.5.1
harvested between 1 October and 31 March
7 000
6.1.5.2
harvested between 1 April and 30 September
6 000
6.1.6
Baby food and processed cereal-based food for infants and young children (
3
)
200
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
6.2
Melamine
Maximum level (mg/kg)
Remarks
6.2.1
Food except products listed in 6.2.2
2,5
The maximum level does not apply to food for which it can be proven that the level of melamine higher than 2,5 mg/kg is the consequence of authorized use of cyromazine as insecticide. The melamine level shall not exceed the level of cyromazine.
6.2.2
Infant formulae, follow-on formulae (
3
) and young-child formulae (
4
)
The maximum level applies to the product as placed on the market.
6.2.2.1
placed on the market as powder
1,0
6.2.2.2
placed on the market as liquid
0,15
6.3
Perchlorate
Maximum level (mg/kg)
Remarks
6.3.1
Fruits and vegetables except of products listed in 6.3.1.1 and 6.3.1.2
0,05
6.3.1.1
Cucurbitaceae
 and kale
0,10
6.3.1.2
Leaf vegetables and herbs
0,50
6.3.2
Tea (
Camellia sinensis
) (dried product)
Herbal and fruit infusions (dried product) and ingredients used for herbal and fruit infusions (dried products)
0,75
‘Herbal infusions (dried product)’ refers to:
—
herbal infusions (dried product) from flowers, leaves, stalks, roots, and any other parts of the plant (in sachets or in bulk) used for the preparation of herbal infusion (liquid product); and
—
instant herbal infusions. In the case of powdered extracts, a concentration factor of 4 has to be applied.
6.3.3
Infant formulae, follow-on formulae, food for special medical purposes intended for infants and young children (
3
) and young-child formulae (
4
)
0,01
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
6.3.4
Baby food (
3
)
0,02
The maximum level applies to the products ready to use (placed on the market as such or after reconstitution as instructed by the manufacturer).
6.3.5
Processed cereal-based food (
3
)
0,01
The maximum level applies to the product as placed on the market.
(
1
)
Fruits, tree nuts, vegetables, cereals, oilseeds and spices as listed in the relevant category as defined in Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (
OJ L 70, 16.3.2005, p. 1
). For the purpose of this Regulation tree nuts are not covered by the maximum level for fruits.
(
2
)
Food as defined in Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (
OJ L 139, 30.4.2004, p. 55
).
(
3
)
Food as defined in Article 2 of Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (
OJ L181, 29.6.2013, p. 35
).
(
4
)
‘Young-child formulae’ refers to milk-based drinks and similar protein-based products intended for young children. These products are outside the scope of Regulation (EU) No 609/2013 (Report from the Commission to the European Parliament and the Council on young-child formulae (COM(2016) 169 final) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016DC0169&qid=1620902871447).
(
5
)
Dry matter is determined according to Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (
OJ L 70, 9.3.2006, p. 12
).
(
6
)
First stage processing means any physical or thermal treatment, other than drying, of or on the grain. Cleaning, including scouring, sorting (colour sorting where applicable) and drying procedures are not considered to be ‘first-stage processing’ insofar as the whole grain remains intact after cleaning and sorting. Scouring means cleaning cereal by brushing and/or scrubbing it vigorously, combined with dust removal (e.g. aspiration). The scouring could be followed by a colour sorting before milling.
(
7
)
Food as defined in Part II and Part VIII of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (
OJ L 347 20.12.2013, p. 671
).
(
8
)
Food as defined in Article 3 of Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (
OJ L 84, 20.3.2014, p. 14
).
(
9
)
Food as defined in Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption (
OJ L 10, 12.1.2002, p. 58
).
(
10
)
Food as defined in Article 2 of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (
OJ L 130, 17. 5. 2019, p.1
).
(
11
)
The font size as specified in Article 13(2) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (
OJ L 304 22.11.2011, p. 18
).
(
12
)
‘Flavoured tea’ is tea with a ‘flavouring’ or a ‘food ingredient with flavouring properties’ as defined in Article 3 of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (
OJ L 354, 31.12.2008, p. 34
).
(
13
)
Botanical preparations for food supplements are obtained from botanicals (e.g. whole, plant parts, fragmented or cut plants) by various processes (e.g. pressing, squeezing, extraction, fractionation, distillation, concentration, drying up and fermentation). Botanical preparations include comminuted or powdered plants, plant parts, algae, fungi, lichen, tinctures, extracts, essential oils (other than the vegetable oils and fats (excluding butter and coconut oil) intended for direct human consumption or use as an ingredient in food), expressed juices and processed exudates.
(
14
)
‘Cocoa and chocolate products’ are any of the products defined in points 2, 3 and 4 of part A of Annex I to Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption (
OJ L 197, 3.8.2000, p. 19
).
(
15
)
WHO-TEQs: The sum of dioxins (polychlorinated dibenzo-para-dioxins [PCDDs] and polychlorinated dibenzofurans [PCDFs]) and the sum of dioxins and dioxin-like polychlorinated biphenyls (PCBs) are calculated using the WHO-toxic equivalency factors (WHO-TEFs) and expressed as WHO toxic equivalents (WHO-TEQs). WHO-TEFs for human risk assessment are based on the conclusions of the World Health Organization (WHO) – International Programme on Chemical Safety (IPCS) expert meeting which was held in Geneva in June 2005 (Van den Berg et al., The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds. Toxicological Sciences 93[2], 223-241 [2006]).
Congener
TEF value
Congener
TEF value
Dioxins
’Dioxin-like’ PCBs
Dibenzo-p-dioxins ("PCDDs")
Non-ortho–substituted PCBs
2,3,7,8-TCDD
1
PCB 77
0,0001
1,2,3,7,8-PeCDD
1
PCB 81
0,0003
1,2,3,4,7,8-HxCDD
0,1
PCB 126
0,1
1,2,3,6,7,8-HxCDD
0,1
PCB 169
0,03
1,2,3,7,8,9-HxCDD
0,1
1,2,3,4,6,7,8-HpCDD
0,01
OCDD
0,0003
Mono-ortho–substituted PCBs
2,3,7,8-TCDF
0,1
PCB 105
0,00003
1,2,3,7,8-PeCDF
0,03
PCB 114
0,00003
2,3,4,7,8-PeCDF
0,3
PCB 118
0,00003
1,2,3,4,7,8-HxCDF
0,1
PCB 123
0,00003
1,2,3,6,7,8-HxCDF
0,1
PCB 156
0,00003
1,2,3,7,8,9-HxCDF
0,1
PCB 157
0,00003
2,3,4,6,7,8-HxCDF
0,1
PCB 167
0,00003
1,2,3,4,6,7,8-HpCDF
0,01
PCB 189
0,00003
1,2,3,4,7,8,9-HpCDF
0,01
OCDF
0,0003
Abbreviations used: ‘T’ = tetra; ‘Pe’ = penta; ‘Hx’ = hexa; ‘Hp’ = hepta; ‘O’ = octa; ‘CDD’ = chlorodibenzodioxin; ‘CDF’ = chlorodibenzofuran; ‘CB’ = chlorobiphenyl
ANNEX II
Correlation table referred to in Article 9
Regulation (EC) No 1881/2006
This Regulation
Article 1
Article 2
Article 2(1), 2(2), 2(3)
Article 3(1), 3(2), 3(3)
Article 2(4)
Article 3(3)
Article 3(1), 3(2)
Article 2(1), 2(2)
Article 3(3)
Article 5(3)
Article 3(4)
Article 4
Article 4
Article 5
Article 5
Article 6
Article 6
Annex I, points 6.1.3.1, 6.1.3.3, 6.1.4.1
Article 7
Article 7
Article 8
-
Article 9
Article 8
Article 10
Article 9
Article 11
Article 10
Article 12
Article 11
Annex
Annex I

Summary:
Maximum levels for certain contaminants in food
SUMMARY OF:
Regulation (EU) 2023/915 on maximum levels for certain contaminants in food
WHAT IS THE AIM OF THE REGULATION?
It lays down the maximum levels for certain contaminants in food to protect the health of 
European Union
 (EU) citizens, including the most at-risk population groups, such as children and pregnant women.
KEY POINTS
Scope
The 
regulation
 covers:
mycotoxins
 (aflatoxins, ochratoxin A, patulin, deoxynivalenol, zearalenone, fumonisins, citrinin, ergot sclerotia and ergot alkaloids);
metals
 (lead, cadmium, mercury, inorganic tin and arsenic);
plant toxins
 (erucic acid, tropane alkaloids, hydrocyanic acid, pyrrolizidine alkaloids, opium alkaloids and Δ9-THC);
processing contaminants
 (polycyclic aromatic hydrocarbons (PAHs), benzo(a)pyrene, sum of 4 PAHs; 3-monochloropropane-1,2-diol (3-MCPD)and glycidyl fatty acid esters);
halogenated persistent organic pollutants
 (dioxins, dioxin-like polychlorinated biphenyls (PCBs), non-dioxin-like PCBs; the perfluoroalkyl substances: perfluorooctane sulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA) and perfluorohexane sulfonic acid (PFHxS));
other contaminants:
melamine,
nitrates,
perchlorate.
Maximum levels
Food with levels of contaminants higher than those specified in Annex I to the regulation may not be sold. These maximum levels cover the edible part of food and also apply to compound, processed, dried or diluted foods, taking into account the appropriate processing factors.
The regulation also lays down the lowest maximum levels for contaminants that are reasonably achievable with good manufacturing practice or good agricultural practice (i.e. ‘as low as reasonably achievable’).
Ban on mixing
Foods complying with the maximum limits may not be mixed with other foods that exceed these limits.
Foods that must be sorted or subjected to other physical treatments to reduce the level of contamination may not be mixed with foods intended for direct human consumption or use as an ingredient in food.
Labelling
Labelling on each individual package and in the original accompanying document of groundnuts, other oilseeds and derived products thereof and cereals must clearly show their intended use. The consignment/batch identification code must be indelibly marked on each individual package of the consignment and in the original accompanying document. The business activity of the consignee of the consignment given in the accompanying document must be compatible with the intended use.
Where there is no clear information that their intended use is not to be placed on the market as food, the maximum levels set out in Annex I apply to all groundnuts (peanuts), other oilseeds and derived products thereof and cereals placed on the market.
The exception of groundnuts (peanuts) and other oilseeds for crushing from the application of the maximum levels set out in Annex I only applies to consignments that:
are clearly labelled, showing their intended use;
bear the statement ‘Product to be subject to crushing for the production of refined vegetable oil’ on the label of each individual package and in the original accompanying document; and
have a crushing plant as their final destination.
Exceptions
Under certain circumstances, certain EU 
Member States
 may exceed the levels of dioxins and/or DL-PCBs (dioxine-like PCBs) and/or NDL-PCBs (non-dioxine-like PCBs) set out in Annex I for certain fish and fish products originating from the Baltic region and intended for consumption in their territory. Consumers have to be informed of the potential risks to consumer health.
Other exceptions were granted to certain Member States as regards the maximum levels of PAHs in traditionally smoked meat and smoked meat products and traditionally smoked fish and smoked fishery products.
Monitoring and reporting
Member States and interested parties must:
inform the 
European Commission
 by 
1 July 2023
 of the results of investigations undertaken and their progress with regard to the application of prevention measures to avoid contamination by ergot sclerotia and ergot alkaloids in rye and rye milling products and ergot alkaloids in milling products of barley, wheat, spelt and oat grains;
report every year to the 
European Food Safety Authority
 (EFSA), set up under Regulation (EC) 
No 
178/2002
 (see 
summary
), the occurrence data on ergot sclerotia and ergot alkaloids in rye and rye milling products and on ergot alkaloids in milling products of barley, wheat, spelt and oat grains.
Member States must communicate to the Commission, when requested, the investigations undertaken and the relevant sources identified, following 
Commission Recommendations
 for the monitoring of the presence of contaminants in food and their progress with regard to the application of prevention measures to avoid contamination.
Member States must report to EFSA the occurrence data that they have collected on all other contaminants than ergot sclerotia and ergot alkaloids (see above). Food business operators and other interested parties may submit such occurrence data to EFSA. All occurrence data must be supplied in line with EFSA’s reporting requirements.
Repeal
The regulation repeals Regulation (EC) 
No 
1881/2006
 from 
24 May 2023
.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since 
25 May 2023
.
BACKGROUND
For further information, see:
Contaminants
 (European Commission)
Chemical contaminants in food and feed
 (EFSA).
MAIN DOCUMENT
Commission Regulation (EU) 
2023/915
 of 
25 April 2023
 on maximum levels for certain contaminants in food and repealing Regulation (EC) 
No 1881/2006
 (OJ L 119, 
5.5.2023
, 
pp. 103–157
).
Successive amendments to Regulation (EU) 2023/915 have been incorporated into the original text. This 
consolidated version
 is of documentary value only.
RELATED DOCUMENTS
Regulation (EC) 
No 
178/2002
 of the European Parliament and of the Council of 
28 January 2002
 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 
1.2.2002
, 
pp. 1–24
).
See 
consolidated version
.
last update 
1.12.2023

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