FSA postpones BPA ban enforcement for food contact materials

The government’s Food Standards Agency (FSA) will no longer be enforcing a ban on bisphenols, notably bisphenol A (BPA), in food contact materials (FCM) from the initially proposed date of 20 July 2026.

The ruling would have applied to materials and articles that encounter food during its production, processing, storage, preparation or serving, such as kitchenware, tableware, food transport containers and packaging.

The FSA was originally intending to coordinate its ban with counterpart EU legislation, which would have seen single and repeat use FCMs placed on the market after 20 July 2026 banned from onward sale in the UK, though repeat use FCMs launched for sale prior to this date would have had a 1 year ‘sell through’ period until 20 July 2027.

However, since the FSA’s announcement of the ban in March, the Foodservice Equipment Association (FEA) has engaged with UK government departments, ministers and the FSA directly to express concerns with matching UK regulation to the EU dates.

The association’s technical and policy director Luke Slater said: “Whilst it was generally accepted that a 1 year sell through period would be sufficient for industry to adapt, the proposed deadline of 20 July 2026 for products to be placed ‘on the market’ would have resulted in significant economic and environmental damage across our industry.”

Thanks to FEA’s lobbying, the FSA has now changed its stance, confirming that until domestic legislation is introduced, there will be “no enforcement” of a BPA ban in Great Britain, though it remains committed to introduce the regulation at some point.

The government body said: “Based on the findings of the analysis, a ban will be introduced on the use of BPA and its analogues in FCMs in Great Britain. The timing of this implementation will be communicated in due course. The FSA will continue to engage with stakeholders to support awareness and readiness for any new requirements. This engagement will inform guidance and support proportionate implementation.”

Slater believes that the UK-EU Sanitary and Phytosanitary (SPS) Agreement, currently under discussion, would likely be the legal framework used by the FSA for enforcement of any BPA ban within FCMs. The agreement would see around 100 EU and retained (post Brexit) regulations targeted for alignment to ease trading between the UK and EU.

BPA has been found to be a toxic substance that interferes with human hormone systems. It is classified as a hazardous chemical in the EU due to its ability to damage fertility and cause serious eye harm, allergic skin reactions and respiratory irritation.

The UK government’s Committee on Toxicity previously adopted a tolerable daily intake for BPA of 0.2 ug/kg bw (micrograms per kilogram body weight) per day.