2024/09/25

Food is essential for human well-being, so the process, distribution and control along the production chain are duly regulated

During the production cycle, food comes into contact with many materials: processing, storage, preparation, serving. These materials are called MOCA (Materials and Objects in Contact with Food). The MOCA category includes containers for transporting food, packaging materials, kitchen utensils, cutlery and crockery, and also machinery used in the food industry.

These materials should be sufficiently inert to prevent their components from adversely affecting consumer health or food quality.

Materials and objects in contact with foodstuffs (including accidental contact) are covered by the Machinery Directive (2006/42/EC). In particular, they must comply with the Essential Health and Safety Requirements in point 2.1 of Annex I. RESS 2.1.1 under a) states: ‘materials in contact or likely to come into contact with foodstuffs, cosmetics or pharmaceutical products must comply with the relevant directives’.

These requirements apply to machines for food products intended for both human and animal consumption, and include machines for manufacture, preparation, cooking, processing, cooling, handling, storage, transport, packaging, packing and distribution. These requirements are intended to prevent the danger of contamination by the constituent materials of the machine and the environment in which it is located, or by ancillary substances used with it.

However, the Machinery Directive contemplates the possibility that the provisions provided for may be totally or partially replaced by other EU directives that regulate hazards in a more specific way. In the case of food machinery, for example, the application of the Machinery Directive alone is not sufficient, but the application of Regulation 1935/2004 is also envisaged, which is supplemented by specific legislation on certain materials (e.g., plastics).

Basically, there are two general regulations issued by the European Union:

• EC No. 1935/2004, which provides a harmonized EU regulatory framework establishing general principles of safety and inertness for all MOCAs
• EC 2023/2006, which ensures continued compliance with GMP requirements through documented quality assurance and control systems.

Regarding EU legislation on Specific Materials and Substances, mention may be made of:

• EU Reg. No. 10/2011 – Rules on the composition of plastic MOCAs.
• EC Reg No. 282/2008 – Standards relating to recycled plastics.
• EC Reg No. 450/2009 – Requirements for active and intelligent materials and objects.
• EU Reg No. 284/2011 – Special conditions and procedures for the import of plastic kitchen utensils originating from Hong Kong and China.

Italian legislation on the subject, however, consists of several notes, amendments and ministerial decrees that specifically regulate materials intended for food contact. The main one is Ministerial Decree 21/03/1973, which regulates plastic materials, rubber, regenerated cellulose, paper and cardboard, glass and stainless steel.