EU proposes to lower the BPA limit in toys again

On 18 July 2016, the European Commission has submitted Notification No. G/TBT/N/EU/396 to World Trade Organisation (WTO) to lower the migration limit of Bisphenol A (BPA) in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth. The proposal is expected to be adopted in the fourth quarter of 2016 and enter into force on the second quarter of 2018.

The current migration limit for Bisphenol A in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth is 0,1 mg/kg as set forth in Appendix C to Annex II to Directive 2009/48/EC. European standards EN 71-10:2005 (sample preparation) and EN 71-11:2005 (measurement) provide the relevant test methods.

New data on bisphenol A and refined methodologies led the Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF Panel) of the European Food Safety Authority (EFSA) to set a "temporary" tolerable daily intake (TDI) for bisphenol A at 4 microgram per kilogram body weight per day. In the light of the above, the subgroup "Chemicals" of the Expert Group on Toys Safety recommended at its meeting of 1 October 2015 that bisphenol A be limited in toys to 0,04 mg/l (migration limit).

In Appendix C to Annex II to Directive 2009/48/EC, in the table, the entry for bisphenol A is replaced by the following:

Substance	CAS No.	Limit value
Bisphenol A	80-05-7	0,04 mg/l (migration limit) in accordance with the methods laid down in EN 71-10:2005 and EN 71-11:2005.

In addition, BPA is classified as carcinogenic, mutagenic or toxic for reproduction under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on 20 July 2016 and the amendment will take into force on 1 March 2018. The chemical is likely to be proposed as a substance of high concern (SVHC).

It is obvious that the EU intensifies its regulation on BPA this year (see more news on BPA regulations as linked below). C&K Testing advises related businesses should deal with due care.

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Further information
BPA draft
EU to regulate BPA from vanishes and coatings of plastic food contact materials—C&K Testing
Proposal on BPA ban in thermal paper receipts under REACH Annex XVII—C&K Testing