Maximum levels of nickel in certain foods

Draft Commission Regulation (EU) amending Regulation (EU) 2023/915 as regards maximum levels of nickel in certain foodstuffs

Update

The EU has informed the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee that it intends to set maximum levels for nickel in tree nuts, vegetables, seaweed, pulses, oilseeds, cereals, cocoa and chocolate products, food for infants and young children, and fruit and vegetable juices (G/SPS/N/EU/734).

Impacted Products

tree nuts, vegetables, seaweed, pulses, oilseeds, cereals, cocoa and chocolate products, food for infants and young children, fruit and vegetable juices

What is changing?

The EU proposes to set maximum allowable levels for nickel in tree nuts, vegetables, seaweed, pulses, oilseeds, cereals, cocoa and chocolate products, food for infants and young children, and fruit and vegetable juices, as detailed in Table 1.

Why?

EFSA’s evaluation of nickel intake from food and drinking water identified risks of chronic dietary exposure to nickel in infants, toddlers, and other children. Acute dietary exposure is a health concern to individuals in other population groups who are sensitive to nickel (EFSA 2020).

Timeline

Maximum allowable levels for nickel in the foods listed in Table 1 will apply from 1 July 2025, with the exception of cereals for which the maximum levels will apply from 1 July 2026.

What are the major implications for exporting countries?

The levels of nickel in food are not widely regulated globally. Unlike other contaminants, producers and suppliers may not be routinely testing for the presence of nickel. The risks associated with nickel will therefore have to be assessed on a sector/country basis. On the basis of this analysis, nickel may need to be included into routine contaminant testing programmes.

Recommended Actions

Suppliers of the foods listed in Table 1 should immediately evaluate the presence of nickel in these products and identify potential sources of nickel, either naturally occurring within the product or from the environment. Information on recommended methods for sampling and analysis of the levels of nickel in foodstuffs can be found in Regulation 333/2007.

Collected data on nickel in these foods, including cases where nickel exceeds the maximum levels proposed by the EU, can be submitted to the EU for consideration, via the National SPS notification authority of the country concerned, to the EU SPS Enquiry Point until 4 May 2024.

Background

This Regulation amends Annex I of Regulation (EU) 2023/915 that sets maximum levels for certain contaminants in foodstuffs. For further information on the setting of contaminant maximum levels, see EU legislation on contaminants – maximum levels explained.

EFSA (2020) updated its risk assessment of 2015 on the presence of nickel in food and drinking water, and concluded that daily intake of nickel in food and drinking water above the tolerable daily intake (TDI) of 13 µg/kg body weight (bw) may cause critical health concerns, including loss of pregnancy. About 15% of the population suffers acute health concerns such as eczema of the skin at a daily intake as low as 4.3 µg nickel/kg bw.

The European Commission has recommended that EU Member States, in collaboration with the food industry, do further monitoring of nickel in 2025–2027 in the following products: food supplements, chocolate, chocolate spreads, nut spreads, cocoa beans, cereal-based products (in particular, breakfast cereals, cereal flakes, and oat milling products), ready-to-eat soups, coffee, tea, vegetables, seaweeds, oilseeds, soy-based products (such as tofu and soy-based drinks), pulses, nuts, fish, and other seafood (Commission Recommendation 2024/907).

Resources

Sources

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Regulation

Draft Commission Regulation (EU) amending Regulation (EU) 2023/915 as regards maximum levels of nickel in certain foodstuffs

What is changing and why?

The EU proposes maximum allowable levels for nickel in foods listed in Table 1 because the daily intake of nickel via these foods is of health concern for infants, young children, and adults sensitive to nickel.

Actions

Suppliers of the foods listed in Table 1 should immediately evaluate the presence of nickel in these products.

Collected data on nickel in these foods, including cases where nickel exceeds the maximum levels proposed by the EU, can be submitted to the EU for consideration.

Comments or concerns about potential impacts can be submitted, via the National SPS notification authority of the country concerned, to the EU SPS Enquiry Point until 4 May 2024.

Timeline

Maximum allowable levels for nickel in the foods listed in Table 1 will apply from 1 July 2025, with the exception of cereals for which the maximum levels will apply from 1 July 2026.

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