EU directive 2007/19/EC lays down harmonised rules on food contact plastics. Other related annexes and rules list authorised monomers and other starting substances that can be used in packaging.

The proposed Plastic Materials and Articles in Contact with Food (England) Regulations 2008 will implement the EU directive.

The amendments include new substances. They also amend the entries for existing ones following risk assessments on the materials by the European Food Safety Authority (EFSA).

In particular, Directive 2007/19/EC puts new limits on the use of specific plasticisers, including epoxydised soybean oil (ESBO) and some phthalates. The directive also sets new migration limits.

It also amends Council Directive 85/572/EEC by introducing a fat-reducing factor (FRF).

The UK's Food Standards Agency (FSA) says the FRF provides a better estimation of consumer exposure to substances migrating into fatty foods

The amending directive provides clarification for the term 'plastic multi-layer', the FSA reported.

"It brings such materials firmly within the scope of these rules and distinguishes them from the 'plastic functional barrier'," the FSA stated.

The directive also contains provisions for the use of plastic functional barriers to help in reducing the migration of a substance below its specific limit.

The ambiguity in the law surrounding what constitutes metal gaskets in lids has now also been clarified by this amending directive, the FSA reported.

Metal gaskets in lids now fall under the scope of Directive 2002/72/EC.

The amending directive also provides time for manufacturers to apply for the evaluation of specific additives which are not currently included in the lists of authorised substances.

The European Commission plans to later adopt a positive list of authorised additives for plastic materials and articles that will not apply to the manufacture of gasket lids.

The transitional use of other additives for the manufacture of gasket lids falls under Commission regulation (EC) No 372/2007.

The English regulations relating to Regulation 372/2007 came into force on 29 October 2007.

Similar legislation will apply in Scotland, Wales and Northern Ireland, the FSA stated.

The directive also outright bans the use of azodicarbonamide as a blowing agent. Previous rules suspended use of the chemical until a decision was made.

The new directive now requires detailed information on compliance declarations.

It requires that manufacturers should provide certificates that attest to the restrictions or specification applicable to the substances used in the manufacture of food contact plastic materials and articles.

They must also include other information, such as the date of declaration, identity of the materials, articles or substances intended for manufacturing, and the type or types of food which the material is intended to be put in contact with.

The directive also amends Council Directive 85/572/EEC, which lays down the list of simulants to be used for testing migration of constituents of plastic materials and articles.

It introduces a fat-reduction factor (FRF) which can provide a better estimation of consumer exposure to substances migrating into fatty foods.

The deadline for comments is 29 January 2008. The regulations have to be in force by 1 May 2008.

The Food Standards Agency in Scotland, Wales and Northern Ireland will each consult on parallel but separate regulations.

The EU food contact materials directive was published in the Official Journal of the European Communities on 30 March 2007 .