EU BPA Ban Revised! Regulation (EU) 2026/250 Officially Published

On February 2, 2026, the EU published Regulation (EU) 2026/250, correcting the EU BPA ban, Regulation (EU) 2024/3190. This revision does not alter the overall regulatory direction of the BPA prohibition but focuses on clarifying and correcting inconsistencies, interpretation deviations regarding provisions, and articulation issues found in the practical implementation of the original Regulation. The Regulation shall enter into force on February 23, 2026.

The main revisions are as follows:

I. Revision of Related Expressions

1.Deleted the expression "and its salts" in Article 3. This is because the definition of "bisphenol" in the Regulation already includes the salt form of the bisphenol, whereas other provisions simply refer to "BPA". This deletion is primarily to ensure consistency in the wording of the provisions.

2.In Article 3(2), added the expression regarding allowing specific food contact materials for "placing on the Union market". Previously, this paragraph only mentioned "use"; the revision ensures this derogation clause maintains logical consistency with the prohibition laid down in Article 3(1) regarding "placing on the Union market".

3.In Article 9(2)(c), the relevant expression was revised to "residual BPA" to align with the provision in Article 4 regarding the prohibition of "residual BPA".

II. Revision of Transitional Period Requirements

1.Revised the transitional provisions concerning single-use food contact articles in Article 11, clarifying the expression from merely "placed on the market" to "first placed on the market" to avoid interpretation deviations at the executive level. The specific adjustments are as follows:

•General transitional period: For single-use final food contact articles complying with the rules as applicable before the entry into force but not complying with the new rules, the deadline for being first placed on the market is 20 July 2026.

•Specific extension period: For packaging intended for the preservation of fruits, vegetables, or processed fishery products, or single-use final food contact articles on which a varnish or coating manufactured using BPA has only been applied to the exterior metal surface, the deadline for being first placed on the market is extended to 20 January 2028.

•Stock treatment: Following the expiry of the applicable transitional periods, the above articles may be filled with food and sealed during the subsequent 12 months, and the resulting packaged food may be placed on the market until exhaustion of stocks.

2.Corrected Article 12(3) to set different deadlines for remaining on the market for different categories of repeat-use final food contact articles:
•Articles falling under paragraph 1 (general repeat-use articles complying with old rules but not new ones) may remain on the market until 20 July 2027.
•Articles falling under paragraph 2 (professional food production equipment complying with old rules but not new ones) may remain on the market until 20 January 2029.

III. Revision of Declaration of Compliance Requirements

Revised point 3 of Annex III. The original provision required identifying "intermediate food contact materials and final food contact articles" in the declaration of compliance, which could raise concerns regarding commercial information disclosure in practice. Following the revision, the declaration of compliance need only identify "intermediate food contact materials or final food contact articles"; it is sufficient to identify the specific category of product for which the declaration is issued.