On 1 August 2016, Germany notified the World Trade Organisation (WTO) on a draft of the Twenty-First Regulation amending the German Consumer Goods Regulation, Bedarfsgegenständeverordnung (BedGgstV). The amendment is named as "Printing Ink Ordinance“, (“Druckfarbenverordnung“)1.
The proposed date of adoption and publication is not yet fixed but it is expected to be the first quarter of 2017 (i.e. by March 2017). The requirements stated in the Ordinance will be applicable 24 months after publication (i.e. by March or April 2019). The requirements for food contact materials (FCM) that the direct contact of the printed part is not intended but foreseeable under normal conditions of use (e.g. napkins) will be applicable 48 months after publication (i.e. by March or April 2021).
The Printing Ink Ordinance amends the German Ordinance on Consumer Goods (BedGgstV). The scope of application of the Draft Ordinance applies to FCM and articles that are printed, for example packaging, napkins, cardboard cups and paper plates.
The Draft Ordinance sets the definition for printing inks, printed FCM, nanomaterials, particle, agglomerate and aggregate. It also sets a list of substances that are permitted, the positive list, for use in printing inks for printing FCM and articles. The list includes the substance name, Chemical Abstract Service number (CAS No.), EEC packaging material reference number (REF No.), substance number, the purpose of use, specific migration limits (SML), limits for group restriction, other restrictions, specification and purity requirements are stated.
There will be a continuous update on the positive list when appropriate toxicological data are made available to the competent authority. Other substances that are not listed in the positive list can be used for FCM only when the printed part is not in direct contact with food. The migration for those substances into food shall not be detectable with a detection limit of 0.01 mg/kg.
The Draft Ordinance also establishes additional limit for specific substances which include setting SML for barium, iron, cobalt, copper, lithium, manganese, zinc and primary aromatic amines.
Printed FCM that is legally placed on the market in accordance with the German provisions applicable before the date of entry into force of the Ordinance can be placed on the market until end of stocks.