On 16.8.19, the Ministry of Health Decree 9.5.19 no. 72. Which updates DM 21.3.1973, in relation to stainless steel allowed in the production of MOCAs (Materials and Objects in Contact with Food). What is new in Italy and serious gaps in Europe.
Stainless steel in MOCAs, Ministry of Health Decree 9.5.19 no. 72
The Ministry of Health, by decree May 9, 2019 no. 72, updates the list of stainless steels permitted for food contact. (1) Better late than never, pending a systematic review of national regulations. In light of the European regulation that reformed the general framework to guard the safety of MOCAs and those that followed. (2)
Annex I of the present decree, ‘Section 6 – Stainless Steels,’ replaces in its entirety Annex II of the Decree of the Ministry of Health March 21, 1973, ‘on the hygienic regulation of packaging, containers, utensils intended to come into contact with foodstuffs or substances of personal use.’ The new text identifies the individual types of steel allowed by using the relevant acronyms, which characterize their chemical composition. Based on the following standards and technical specifications, to which explicit reference is made:
– UNIEN 10088-1:2014 (Stainless steels, list of stainless steels),
– AISI(American Iron and Steel Institute) standard, steel classification manual, 08-1985,
– ASTM(American Society for Testing and Materials), technical specifications,
– UNS(Unified Numbering System), combined nomenclature.
The update introduces new types of stainless steel that can be used for food contact, in MOCAs and as well as in machinery and utensils for food processing. (3) The situations and conditions under which appropriate migration tests are to be performed are also specified. To determine the suitability of certain types of metal in relation to the specific uses of possible destination. One example out of all is AISI 316LK stainless steel, which can be exclusively used for the manufacture of parts of valve components in contact with water.
Other steels-which are listed in Part B of Annex I-may be used only for the production of cutlery or for the manufacture of meat grinding components. Annex I itself introduces important changes in the table of ‘unintentionally added‘ elements. In relation to which eligibility and tolerance thresholds are defined in the final casting. In compliance, always and in any case dutifully, with the migration limits established in Ministerial Decree 21.3.73 (Art. 36).
MOCA and food processing machinery. The gaps in Europe
The so-called mutual recognition clause is also introduced by the new decree of the Ministry of Health, supplementing the previous one (DM 21.3.73 (Art. 36).
‘The provisions referred to in this chapter shall not apply to stainless steel objects legally manufactured and marketed, manufactured or marketed in a member state of the European Union or in Turkey or legally manufactured in one of the signatory states of the European Free Trade Association (EFTA), a contracting party to the Agreement on the European Economic Area (EEA), provided that they guarantee an equivalent level of health protection.’ (4)
A harmonized and specific EU-wide regulation of the different categories of materials allowed for food contact has been awaited for 15 years now. (5) Imports from non-EU countries, large producers of stainless steel as well as plastics, continue to grow. And official public controls in Europe are unable to ensure a level of safety of MOCAs in line with the public health protection objectives already defined in the White Paper for Food Safety (12.2.00).
The European Commission recognizes the unsuitability of controls-at the borders, as in the Internal Market (6)-and yet continues its latitude from proposing the necessary regulatory policies and measures. Meanwhile, Italian MOCA and food machinery manufacturers continue to face competition from operators subject to ‘soft legislation.’ Unfair competition by law, indeed by lack of law (at the EU level), which affects the competitiveness of our factories but also public health.
Dario Dongo and Luca Foltran
Notes
(1) See Decree May 9, 2019, no. 72. Regulation updating the Decree of the Minister of Health March 21, 1973, on: “Hygienic regulation of packaging, containers, utensils, intended to come into contact with food substances or substances of personal use,“ limited to stainless steels. In OJ 1.8.19, General Series, no. 179, at https://www.gazzettaufficiale.it/eli/id/2019/08/01/19G00079/sg
(2) See reg. EC 1935/04, concerning materials and articles intended to come into contact with foodstuffs and repealing Directives 80/590/EEC and 89/109/EEC
(3) Reference is made in this regard to the definition of ‘food’ offered by the General Food Law (EC Reg. 178/02, Article 2)
(4) DM 9.5.19, no. 72. Article 2, paragraph 1-bis
(5) Examples include the cases of paper and derivatives and the disgrace of endocrine disruptors. See previous articles https://www.greatitalianfoodtrade.it/imballaggi/contaminanti-nei-materiali-a-contatto-con-gli-alimenti-carta-cartone-e-inchiostri-rapporto-beuc, https://www.greatitalianfoodtrade.it/sicurezza/interferenti-endocrini-consultazione-a-bruxelles
(6) For latest updates on the MOCA control program prescribed by the European Commission for member states, and its rationale, see EU Recommendation 2019/794. V. https://www.greatitalianfoodtrade.it/imballaggi/sicurezza-materiali-e-oggetti-a-contatto-con-gli-alimenti-raccomandazione-ce
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Expert in packaging and materials intended to come into contact with food substances and related legislative changes. He manages the information site foodcontactmaterials.info on European and extra-European regulations in the field of materials intended for contact with food.
