Regulation EC 1935/2004 (Retained EU Law): Food Contact Materials in the UK
Regulation EC 1935/2004 — retained as assimilated EU law in Great Britain — governs all materials touching food. Legal obligations for UK food, pharmaceutical and cosmetic businesses.
EURO SATIP Srl
4/3/20261 min read


The Legal Status Post-Brexit
Following the UK's withdrawal from the European Union, Regulation (EC) No 1935/2004 on food contact materials was retained as assimilated EU law under the European Union (Withdrawal) Act 2018, now subject to the Retained EU Law (Revocation and Reform) Act 2023. In practice, the substantive requirements remain in force across Great Britain and are enforced by Local Authority EHOs and Trading Standards Officers. Northern Ireland continues to apply the original EU regulation directly under the Windsor Framework. Operators supplying food contact materials — including scoops — in Great Britain must comply with the assimilated version of Reg. EC 1935/2004.
Key Requirements for UK Operators
Article 3 (retained): materials must not transfer components to food in quantities that could endanger human health, bring about unacceptable changes in food composition, or deteriorate organoleptic characteristics. Article 15/16 (retained): the "for food contact" marking obligation and the written Declaration of Conformity (DoC) obligation remain in force. For plastic materials, Regulation (EU) No 10/2011 is also retained as assimilated law, setting the positive list of authorised substances and the 10 mg/dm² global migration limit. The Food Standards Agency (FSA) and Trading Standards are the primary UK enforcement bodies for food contact materials.
📚 BIBLIOGRAPHY AND SOURCES
1. Retained Regulation (EC) No 1935/2004 — Food contact materials (GB assimilated law). https://www.legislation.gov.uk/eur/2004/1935
2. Retained Regulation (EU) No 10/2011 — Plastic food contact materials (GB assimilated). https://www.legislation.gov.uk/eur/2011/10
3. FSA — Food contact materials guidance for businesses. https://www.food.gov.uk/business-guidance/food-contact-materials
4. European Union (Withdrawal) Act 2018 — Retention of EU law. https://www.legislation.gov.uk/ukpga/2018/16
5. EFSA — Food contact materials risk assessment. https://www.efsa.europa.eu/en/topics/topic/food-contact-materials
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