PFAS regulation in food law
PFAS in food: EU-compliant analysis for your food safety
Feb. 2023. Per- and polyfluorinated alkyl substances (PFAS), which include PFOS (perfluorooctanesulfonic acid) and PFOA (perfluorooctanoic acid), are persistent organic pollutants (POPs) that can reach us humans through the food chain. This class of contaminants has been in focus of the European Food Safety Authority (EFSA) for several years. On 1 January 2023, maximum levels for selected PFAS in certain foods came into force in the EU for the first time.
The Competence Centre for dioxins & persistent organic compounds (POPs) within the global Eurofins laboratory network is continuously optimising its analytical methods and limits of quantification. Thus, almost the complete parameter range of EU Recommendation 2022/1431 can be determined in foodstuffs.
EU projects on PFAS in food
After the EFSA has established a group TWI (tolerable weekly intake) in 2020 for the four PFAS compounds listed below
- Perfluorooctane sulfonic acid (PFOS)
- Perfluorooctanoic acid (PFOA)
- Perfluorononanoic acid (PFNA)
- Perfluorohexanesulfonic acid (PFHxS)
further work at EU level continued to address this group of contaminants, divided into three sub-projects:
- Introduction of maximum levels in certain foods of animal origin (SANTE/11183/2018)
- Establishment of monitoring recommendations for food (and feed) with "indicative levels" for certain products (SANTE 2021-10010)
- Establishment of specifications for the control of PFAS in food (sampling and analysis) (SANTE 11354-2021)
The work on all three sub-projects has now been translated into legally valid EU documents.
Current EU maximum levels for PFAS in certain food products of animal origin
In the sub-project concerning the introduction of maximum levels in certain animal foods, Commission Regulation (EU) 2022/2388 of 7 December 2022 amending Regulation (EC) No 1881/2006 as regards maximum levels of perfluoroalkyl substances in certain foodstuffs (OJ L 316, 08.12.2022, page 38) was passed. In May 2023, the maximum levels were transferred to the new Contaminants Regulation (EU) 2023/915.
The newly introduced maximum levels for EFSA's 4 priority PFAS applied from 1 January 2023. Foodstuffs lawfully placed on the market before 1 January 2023, may remain on the market until their date of minimum durability or use-by date.
These are the maximum levels that have been introduced:
|
Foodstuffs |
Maximum levels in µg/kg wet weight |
|||||
| PFOS* | PFOA* | PFNA* | PFHxS* | Sum of EFSA4-PFAS** |
||
| 1 | Eggs | 1.0 | 0.30 | 0.70 | 0.30 | 1.7 |
| 2 | Fishery products and bivalve molluscs | |||||
| 2.1 | Fish meat | |||||
| 2.1.1 | - Muscle meat of fish, except those listed under 2.1.2 and 2.1.3. - Muscle meat of fish listed in 2.1.2 and 2.1.3, in case they are intended for the production of food for infants and young children. |
2.0 | 0.20 | 0.50 | 0.20 | 2.0 |
| 2.1.2 | Muscle meat of the following fish, in case they are not intended for the production of food for infants and young children (see Regulation 2023/915 for details) |
7.0 | 1.0 | 2.5 | 0.20 | 8.0 |
| 2.1.3 | Muscle meat of the following fish, in case they are not intended for the production of food for infants and young children (see Regulation 2023/915 for details) |
35 | 8.0 | 8.0 | 1.5 | 45 |
| 2.2 | Crustaceans and bivalve molluscs: - For crustaceans the maximum level shall apply to muscle meat from appendages and abdomen. - In case of crabs and crab-like crustaceans (Brachyura and Anomura) muscle meat from appendages |
3.0 | 0.70 | 1.0 | 1.5 | 5.0 |
| 3 | Meat and edible offal | |||||
| 3.1 | Meat of bovine animals, pig and poultry | 0.30 | 0.80 | 0.20 | 0.20 | 1.3 |
| 3.2 | Meat of sheep | 1.0 | 0.20 | 0.20 | 0.20 | 1.6 |
| 3.3 | Offal of bovine animals, sheep, pig and poultry | 6.0 | 0.70 | 0.40 | 0.50 | 8.0 |
| 3.4 | Meat of game animals, with the exception of bear meat | 5.0 | 3.5 | 1.5 | 0.60 | 9.0 |
| 3.5 | Offal of game animals, with the exception of bear offal | 50 | 25 | 45 | 3.0 | 50 |
* The maximum level applies to the sum of linear and branched stereoisomers, whether they are chromatographically separated or not.
** EFSA4-PFAS: PFOS, PFOA, PFNA, PFHxS - For the sum of PFOS, PFOA, PFNA and PFHxS, lower bound concentrations are calculated on the assumption that all the values below the limit of quantification are zero.
More comprehensive monitoring of PFAS in food by EU Member States
In accordance with Commission Recommendation (EU) 2022/1431 of 24 August 2022 on the monitoring of perfluoroalkyl substances in food (OJ L 221, 26.8.2022, p. 105), EU Member States, in collaboration with food business operators, should monitor during the years 2022, 2023, 2024 and 2025 the presence of PFAS in food and collect more comprehensive data for monitoring perfluoroalkyl substances in food. The recommendation takes into account not only EFSA's four priority PFAS mentioned above (PFOS, PFOA, PFHxS and PFNA), but also a large number of other PFAS, which are now almost completely part of the analysable portfolio of the Competence Centre for Dioxins & Persistent Organic Compounds (POPs) of Eurofins Laboratories for Food and Feed Analysis in Germany.
Indicative levels of PFAS in food
The recommendation for monitoring refers to a much wider range of foods. The monitoring is intended to cover a wide range of foods that correspond to consumption habits, including fruits, vegetables, starchy roots and tubers, mushrooms, seaweed, cereals, nuts, oilseeds, food for infants and young children, food of animal origin, non-alcoholic drinks, wine and beer.
|
Foodstuffs |
Indicative levels in µg/kg fresh weight |
|||
| PFOS | PFOA | PFNA | PFHxS | |
| Fruits, vegetables (except wild fungi), starchy roots and tubers |
0.010 | 0.010 | 0.005 | 0.015 |
| Wild fungi | 1.5 | 0.010 | 0.005 | 0.015 |
| Milk | 0.020 | 0.010 | 0.050 | 0.060 |
| Baby food | 0.050 | 0.050 | 0.050 | 0.050 |
The recommendation also includes indicative levels, above which further investigations of the causes of contamination should be carried out.
A subsequent re-evaluation of the PFAS pollutant group by EFSA following this monitoring is expected.
Legal requirements for sampling methods and methods of analysis for the official control of PFAS
Sampling and analyses for the official control of levels of PFAS in foodstuffs for which maximum levels have been set in Regulation (EU) 2023/915 shall be carried out in accordance with the provisions laid down in Commission Implementing Regulation (EU) 2022/1428 of 24 August 2022 laying down methods of sampling and analysis for the control of perfluoroalkyl substances in certain foodstuffs (OJ L 2022, 26.8.2022, p. 66).
Although the requirements of this implementing regulation directly concern the analysis of officially taken food samples only, the competence center for dioxins & persistent organic compounds of the Eurofins Food & Feed Testing laboratories in Germany is guided by these requirements in order to ensure comparability of the analytical results of officially taken samples and samples taken within the self-monitoring of food business operators.
The desired or required limits of quantification in the documents published by the EU are a challenge for many laboratories. Since PFAS are ubiquitously distributed in the environment, influences of blank values in the lab must be avoided, reduced and carefully controlled. These influences of blank values, in addition to other factors, also determine the achievable limits of quantification. It should also be possible to cover the multitude of PFAS parameters of Recommendation 2022/1431 with their different chemical properties as efficiently as possible by one analytical method.
EU requirements according to Recommendation 2022/1431 and current limits of quantification
The Competence Center for dioxins and persistent organic compounds of the Eurofins Food & Feed Testing laboratories in Germany closely follows developments in the field of environmental contaminants and is constantly working on improving existing analytical methods in terms of measurement capacities, parameter scope and measurement sensitivity. Our analytical methods achieve the requirements for limits of quantification specified in Recommendation 2022/1431 and almost completely cover the PFAS parameter scope for monitoring.
|
Foodstuffs |
Limit of quantification in µg/kg fresh weight |
|||
| PFOS | PFOA | PFNA | PFHxS | |
| Fruits, vegetables, starchy roots and tubers and food for infants and young children |
0.002 | 0.001 | 0.001 | 0.004 |
| Milk | 0.010 | 0.010 | 0.020 | 0.040 |
| Fish meat and meat of terrestrial animals | 0.10 | 0.10 | 0.10 | 0.10 |
| Eggs, crustaceans and molluscs | 0.30 | 0.30 | 0.30 | 0.30 |
| Edible offal of terrestrial animals and in fish oil | 0.50 | 0.50 | 0.50 | 0.50 |
| Limit of quantification of Eurofins GfA Lab Service Applicable on ALL food, feed, biota |
0.002 | 0.001 | 0.001 | 0.004 |
Even though continuous improvements in the analytical method have already led to an outstanding measurement sensitivity in the determination of PFAS, our experts will continue to work on further improving analytical methods in terms of sensitivity as well as adding PFAS compounds to the portfolio of analysable parameters
Outlook
Developments in analytical methods may change regulatory approaches by authorities in the future. Such developments include improvements in measurement sensitivity or expansion of the number of analysable parameters for the targeted detection of PFAS.
The issue of PFAS is thus likely to become a long-term focus of the controlling authorities, analogous to dioxins and PCBs, and to influence the risk assessment for food and feed production.
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Written by:
Nina Lohmann, Simone Staiger
Eurofins GfA Lab Service GmbH