In March 2008 the European Commission adopted Regulation EC 282/2008, setting out the requirements for recycled plastics to be used in food contact applications. The aim of the regulation is to level the field accross Europe, since up to now the legal status of recycled plastics varied from country to country. Also, the lack of specific legislation made it more difficult for recycled plastics to compete with virgin polymers in this type of end market. The EC is just being consequent with what is already established in Directive 94/62/EC, promoting the recycling of packaging waste. However, the recent regulation covers not only food packaging, but also cutlery, dishes, processing machines, containers, etc.
Only plastics already used in food contact applications, or complying with food contact requirements, are covered by the Directive. Excluded from it are the following:
- materials obtained by chemical recycling, which are covered instead by Directive 2002/72/EC on monomers and additives
- recycled plastics used behind a plastic functional barrier
- pre-consumer waste, i.e. offcuts and scraps from the production process
The regulation establishes minimum requirements in the efficiency of the recycling process, which will be evaluated by the European Food Safety Authority, EFSA. The main risks associated with recycled plastics in food contact applications come from contaminants. Contaminants can come from the following sources:
- chemicals used in the recycling process
- degradation products of the polymer or its additives
- the input itself, either because it is contaminated with materials that don’t comply with food contact regulations or because they have been polluted by consumers during their use
The recycling process shall be managed by an adequate quality assurance system, which itself shall comply with the detailed rules laid down in regulation EC 2023/2006.
In July 2008 EFSA published the guidelines for applicants for the safety evaluation of recycled plastics to be used in contact with food, after a public consultation. Applications for the evaluation of processes can now be submitted. Although EFSA will evaluate the processes, the European Commission has to approved them. Those processes that are approved will then be registered. No member state will then have the authority to reverse this and ban a recycled plastic already approved.
The recycling of plastic used in food contact applications has been hindered by other factors apart from the lack of specific legislation. If we look at food packaging in particular, the main problem is the wide variety of plastics used. The recycling of mixed plastic input is indeed very difficult. Although it is technically possible, is not economically viable yet. For more info on recycling mixed plastics, check WRAP’s project on domestic mixed plastics waste management options.
The one wastestream being recycled at the moment is the plastic bottle one. The fact that most bottles are PET or HDPE, together with some working collection systems for bottles, make it profitable for recyclers. Of course, a percentage of the bottle wastestream is not actually recycled in Europe and is sent to India or China, where is transformed into textile and else. Perhaps with the new directive allowing recyclates to be used again in food contact applications, recyclers will be more interested in the valorisation of household plastics. Let’s hope so, since shipping our plastic waste to Asia to be recycled is not very logical.
COMMISSION REGULATION (EC) No 282/2008
Food contact materials – European Commission
Food contact materials – legislative list (includes links to main legislation)
