Stand mixer makes dessert
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2021-03-02 short info

New EU regulation for plastics coming into contact with food (EU 1245/2020)

Important information for mark approval holders (VDE and VDE-GS) whose certification relates to products with plastic materials that come into contact with food:

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Stephanie Werner

In September 2020, the European Union published an amendment to Regulation (EU) No 10/2011 in the form of Regulation (EU) No 1245/2020. Products containing materials and items intended to come into contact with food must meet the general requirements laid out in Regulation (EC) No 1935/2004 and in the German Food and Feed Code (LFGB). If these materials and items are made of plastic, the requirements of Regulation (EU) No 10/2011 must also be fulfilled.

Since the VDE mark is a safety marking and the consumer's safety is the first priority, we are also obligated to check compliance with the requirements for materials and items that come into contact with food.

With the coming into effect of Regulation (EU) No 1245/2020 on September 23, 2020, we are required as a VDE testing and certification institute to adapt our issued mark approvals to the new requirements, in terms of content as well as testing standards.

Due to the legal requirements of Regulation (EU) No 1245/2020, the VDE must review all mark approvals that are currently open-ended or that are valid beyond September 22, 2022, and change the end date to September 22, 2022 where applicable.

Important note:

Products containing materials and items made of plastic that comply with Regulation (EU) No 10/2011 and that were first put into circulation before March 23, 2021, can still be put into circulation until September 22, 2022, and remain in circulation until the supply has been exhausted.

What does this mean for you as the holder of a valid VDE mark approval?

From our perspective, there are three possible scenarios.

Scenario 1:

The validity period for your VDE mark approval ends before September 22, 2022 and is not going to be renewed:

  • In this case, you do not need to do anything about your VDE mark approval. However, please see the above note about putting the product into circulation.

Scenario 2:

The validity period for your VDE mark approval ends before September 22, 2022, but you wish to extend it beyond this period:

  • In this case, you need to take early action in order to provide proof that the new requirements have been fulfilled.
  • Proof can be provided as follows:
    a) You engage us to audit the relevant materials.
    b) You provide us with proof from an accredited body.

Note:

Manufacturers' declarations for the relevant materials will only be accepted in individual cases, after consultation with and review by the responsible specialized departments.

Scenario 3:

Your mark approval is open-ended, or is valid beyond September 22, 2022

  • In order to avoid having the validity period end on September 22, 2022, you must take action in order to provide proof that the new requirements have been fulfilled.
  • Proof is provided analogously to Scenario 2

Effective immediately, the VDE Testing and Certification Institute will use the new requirements as a basis for product tests that require an evaluation of items and materials that come in contact with food.

All new VDE and GS mark approvals must now be issued on the basis of the updated EU regulation, so all GS and VDE marks obtained after March 22, 2021 will also include the statutory requirements of the LFGB.
Fulfillment and/or consideration of these requirements is demonstrated by a separate note in the mark approval.

We regret that the legally mandated changes to Regulation (EU) No 10/2011 will require you to take additional measures.

We would be happy to help you with the necessary steps to adapt and/or update your mark approval.

If you have any questions about this topic, please contact Stephanie Werner.

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