FOODBOARD™ is in Full Compliance with the Provisions of the Second Draft of BMELV’s “Mineral Oil Regulation”

Second draft of the Mineral Oil Regulation calls for barrier

The German Commodity Ordinance as made public on 23 December 1997 (BGBl. 1998 I p. 5), (…), shall be changed as follows:

1. Article 8 shall be amended by this Paragraph 5:
“(5) Food contact material, which are produced by using recovered fibres, must not transfer mineral oil aromatic hydrocarbons with a carbon number between 10 and 25 to foodstuffs. (…)”

Comment of the authority: Given the present state of technology, as a rule a functional barrier (inner bag or coating) will be required to prevent such a migration. (…) There is no need for a separate provision regarding mineral oil saturated hydrocarbons (MOSH).

If secondary packaging and transport packaging made from recovered paper is used along the supply chain, it must be ensured that no MOAH migration takes place (=prevention of cross-contamination), regardless which primary packaging material is utilised (fibre based or derivative based). 
This is covered in the planned legislation as follows:

2. Article 10 Paragraph 3 shall be amended by this 
Paragraph 3a:  
“(3a) A food contact material produced using recovered paper that has not yet come into contact with foodstuffs and that is not intended to come into direct contact with foodstuffs may (…) only be brought into circulation if the food contact material is marked with the label

‘The user is required to ensure that no mineral oil aromatic hydrocarbons with a carbon number between 10 and 25 are migrating to foodstuffs.’ 

This labelling obligation (…) does not apply when due to the characteristics of the food contact material in direct contact with foodstuffs – primary packaging (…) it can be excluded that no migration of mineral oil aromatic hydrocarbons takes place.” 

Comment of the authority: “Here, ‘user ’ refers to the party that indirectly or directly brings the foodstuff and food contact material into contact with each other (e.g., the food packer). Packing materials that provide a barrier against mineral oil aromatic hydrocarbons are thus excluded from the labelling obligation.”

The industry could submit comments and suggestions regarding the draft until the end of June. The regulation is scheduled to come into effect two years after its publication.

Functional barrier solution from MMK: FOODBOARD™

FOODBOARD™, an innovative barrier on the food contact side of the board, is a functional barrier developed by MMK that prevents migration of mineral oil components into foodstuffs as well as cross-contamination, thus meeting the announced legal regulations.
 
The use of FOODBOARD™ does not require any adjustments to established procedures at converting and packaging lines. Intensive two-year real life testing has been conducted successfully in close cooperation with selected market partners from the global food industry substantiating this claim. There are no investments in expensive barrier solutions for primary or secondary packaging necessary to prevent migration during transport, storage or at the point of sale since FOODBOARD™ guarantees food safety along the entire supply chain.

The development phase for FOODBOARD™ has been completed. MM Karton will be able to deliver FOODBOARD™ in time before the ordinance comes into force.

For further information, please contact our team of experts:
FOODBOARD@mm-karton.com