Open consultation

Consultation Pack: Consultation on the proposed update and consolidation of Northern Ireland’s domestic legislative framework for food contact materials

Published 5 November 2026

Applies to Northern Ireland

This consultation will be of most interest to the following Northern Ireland stakeholders:

• Environmental Health Officers / Enforcement Bodies

• Manufacturers and suppliers of materials and articles intended to come into contact with food

• Food Business Operators (FBOs) involved in the purchasing, using or placing food contact materials on the market

• Consumers

1. Purpose of the consultation

The Food Standards Agency (FSA) in Northern Ireland is responsible for developing and implementing policy on materials and articles intended to come into contact with food.

This consultation seeks views on proposals to update and consolidate Northern Ireland’s legislative framework for the implementation and enforcement of applicable EU food contact materials requirements. These include requirements relating to plastics, recycled plastics, bisphenol A, and restrictions on per- and polyfluoroalkyl substances (PFAS) and certain heavy metals in food-contact packaging.

The objective is to ensure that all materials and articles intended to come into contact with food are safe, do not pose risks to human health, and do not adversely affect the composition or sensory qualities of food.

The proposed updates will also enable effective enforcement of these requirements in Northern Ireland, extend the application of Improvement Notices to new and amended requirements, and ensure that enforcement authorities have the necessary powers to take appropriate action.

Stakeholder feedback is invited to inform the finalisation of these regulatory changes and to support the continued safety and integrity of the food supply in Northern Ireland.

2. How to respond

The consultation will be open for 12 weeks from Thursday 5 November 2026. Responses should be received by 23:59 on Friday 29 January 2027.

Responses to this consultation should be sent via the online form or by email to executive.support@food.gov.uk.

Written responses can be posted to:

Food Standards - Safety and Regulatory Policy Team

Food Standards Agency in Northern Ireland

10a-c Clarendon Road, Belfast

BT1 3BG

3. Introduction

Food contact materials (FCM) are materials and articles that come into contact with food during its production, processing, storage, preparation or serving. FCM placed on the market in Northern Ireland must comply with the requirements of Regulation (EC) No 1935/2004 and associated specific measures, including requirements for plastics, recycled plastics and good manufacturing practice (GMP). The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012 (the 2012 Regulations) implement specified EU Directive requirements and provide for the enforcement of directly applicable EU Regulations relating to FCM. They set out offences, penalties, competent authority responsibilities and other domestic enforcement arrangements for enforcement authorities, businesses and users of the legislation.

Since the 2012 Regulations were last substantively updated, a number of significant changes have been made to applicable EU food contact materials requirements, including:

• new requirements for recycled plastics (Regulation (EU) 2022/1616), including requirements relating to official controls (Regulation (EU) 2017/625);

• updated rules on the restriction of bisphenol A and related substances (Regulation (EU) 2024/3190);

• multiple amendments to the plastics (Regulation (EU) No 10/2011);

• amendments to GMP requirements (Regulation (EC) No 2023/2006); and

• the introduction of restrictions on certain heavy metals and PFAS in food-contact packaging under Article 5(4) and 5(5), Regulation (EU) 2025/40.

The proposed Regulations do not create new standards for food contact materials or food-contact packaging. Instead, they provide the domestic enforcement framework required in Northern Ireland to ensure that applicable EU requirements can be effectively enforced by the appropriate enforcement authorities. This includes the designation of competent authorities, the creation of offences and penalties, the application of Improvement Notice provisions, and the clarification of enforcement powers for district councils and the Food Standards Agency.

The proposed updates are therefore necessary to ensure that Northern Ireland’s enforcement legislation remains aligned with applicable EU requirements. This will provide clear and proportionate enforcement powers for enforcement authorities to take action where non-compliance is identified and ensure clarity for businesses and any other users of the legislation.

This consultation is being undertaken before the finalisation of the draft Statutory Rule (SR). Responses will be used to inform the final policy position, including the final drafting of the Regulations, assessment of impacts, and implementation planning.

4. Main proposals:

The existing 2012 Regulations have been amended several times. To improve clarity and usability, it is proposed to revoke these and replace them with new consolidated regulations: The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2027.

The proposed updates would:

• consolidate and replace the Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012 with a single updated set of regulations;

• update enforcement provisions to reflect new and amended EU food contact materials legislation, official control requirements under Regulation (EU) 2017/625 and food safety requirements in Article 5(4) and Article 5(5) under Regulation (EU) 2025/40;

• extend the application of Improvement Notices to additional requirements;

• clarify the roles and responsibilities of competent authorities; and

• ensure the Northern Ireland enforcement framework remains robust, clear and proportionate in the protection of public health.

More detailed information on proposals can be found in Annex A.

4.1 Enforcement Approach

Option 1

Do nothing.

Retain the current Regulations without amendment. This avoids immediate change but would leave enforcement gaps, legal uncertainty and ongoing administrative complexity for enforcement authorities, businesses and users of the legislation. 

Option 2

(Preferred Option) Update the existing regulations with a consolidated Statutory Rule containing updated enforcement provisions.

This would provide a clearer and more accessible legislative framework, clarify competent authority responsibilities and ensure that appropriate enforcement provisions are available.

Option 3

Amend enforcement provisions to address gaps in the current regulations without consolidation. 

While this option would address identified enforcement gaps, it would make the legislative framework more complex to navigate, providing fewer clarity and administrative benefits.

We are proposing to proceed with Option 2.

4.2 Impacts

The draft Regulatory Impact Assessment has not identified any significant adverse impacts arising from the proposals. Limited familiarisation costs are anticipated for affected businesses and enforcement authorities, including Northern Ireland district council environmental health officers. The principal anticipated benefits are improved legal clarity, a more accessible enforcement framework, more consistent enforcement and continued consumer protection.

The proposals have been assessed, where relevant, for their potential impacts on equality, children and young people, rural needs and data protection, in accordance with the applicable statutory duties and policy requirements. At this stage, the relevant assessments or screening outcomes have not identified adverse, differential or disproportionate impacts and the updates are intended to support consistent food safety standards and effective enforcement for the benefit of all consumers. 

Should you have any information which you believe indicates further impacts, please include this in your response, so we can consider this before the proposals are finalised.

5. Engagement and Consultation Process

The FSA has engaged with relevant stakeholders throughout the development of these proposals. This has included ongoing engagement with district councils, who are responsible for the execution and enforcement of FCM controls in Northern Ireland, to understand enforcement needs and practical implementation issues.

The proposals have also been informed by direct policy and legal consideration of the current Northern Ireland enforcement framework, including the need to consolidate and update the Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012 and related amending Regulations.

Initial engagement has also taken place through routine communication channels, including the FSA’s Northern Ireland Industry Bulletin providing updates to district councils and relevant industry engagement mechanisms and raising awareness of new and emerging EU food contact materials requirements. Feedback from this consultation will provide a formal opportunity for enforcement bodies, businesses and other interested stakeholders to comment on the proposed approach before the Regulations are finalised.

The FSA will continue to engage with district councils and other relevant stakeholders as the proposals progress, including through existing food standards and FCM communication routes. Any further engagement required before implementation will be informed by the responses received to this consultation. A summary of responses will be published, subject to data protection and confidentiality requirements. The final Regulations will then be progressed through the appropriate Northern Ireland legislative process.

6. Questions asked in this consultation (Proposals are listed in Annex A)

Respondents are welcome to answer all questions, or provide answers specifically to those questions that are relevant to their interests, expertise or experience:

1. Are you based in Northern Ireland?

2. Are you responding as a private individual or on behalf of an organisation?

3. If you are responding on behalf of an organisation, please state what type of organisation it is.

4. Do you agree that updating the existing Regulations with a single consolidated SR (Option 2) will make the domestic enforcement framework easier to understand and navigate? Please provide details of any existing administrative difficulties and, where possible, an estimate of the time or costs that consolidation may save.

5. Do you have any comment on the proposed structure and presentation of the consolidated Regulations?

6. Do you have any comments on the proposed enforcement approach for Regulation (EU) 2024/3190, including the extension of Improvement Notice provisions?

7. Do you have any comments on the proposed updates to enforcement provisions for Regulation (EU) No 10/2011?

8. Do you have any comments on the proposed introduction of enforcement provisions for recycled plastic materials under Regulation (EU) 2022/1616?

9. Do you have any comments on the proposed official control and audit provisions for recycled plastic materials and articles, including the use of powers under Regulation (EU) 2017/625?

10. Do you have any comments on the proposed approach to enforcement of Article 5(4) and Article 5(5) of Regulation (EU) 2025/40 in Northern Ireland, specifically in relation to heavy metals and PFAS in food-contact packaging?

11. Do you have any evidence on the likely costs, benefits or practical impacts of the proposed amendments, including familiarisation costs, implementation costs, enforcement impacts or impacts on small and micro businesses?

12. Are you aware of any other impacts arising from the proposed amendments that have not been identified or addressed in this consultation?

7. Other relevant documents

Supporting documents accompanying this consultation are available on the consultation webpage:

• Draft Statutory Rule (SR): The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2027
• Draft Regulatory Impact Assessment: The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2027

8. Responses

Responses are required by 23:59 on Friday 29 January 2027.  Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents) and whether you are based in Northern Ireland. 

Please send responses via the online form or by email to executive.support@food.gov.uk.

Within three months of the consultation closing, we aim to publish a summary of responses received and provide a link to it from this page. Information on how we handle data provided in response to consultations is available in the FSA consultations privacy notice.

9. Further information

If you require a more accessible format of this document, please send details to the named contact for responses to this consultation and your request will be considered.

This consultation has been prepared in accordance with HM Government consultation principles.

On behalf of the FSA, thank you for participating in this public consultation. 

Food Standards - Safety & Regulatory Policy Team

Food Standards Agency in Northern Ireland

10. Annex A: Proposals

General Consolidation and amendments:

The proposed Regulations would:

• revoke and replace the 2012 Regulations and related amending provisions;

• revise the structure and formatting of the legislation to improve clarity, consistency and accessibility;

• clarify offences, penalties, competent authority responsibilities and enforcement provisions; and

• apply and modify relevant provisions of the Food Safety (Northern Ireland) Order 1991, including provisions relating to Improvement Notices, sampling, powers of entry and appeals (Schedule 3).

Bisphenol A (BPA) and related substances – Regulation (EU) 2024/3190:

Commission Regulation (EU) 2018/213 has been repealed and replaced by Regulation (EU) 2024/3190. The proposed Regulations would:

• remove references to the repealed Regulation (EU) 2018/213;

• introduce domestic enforcement provisions for specified requirements in Regulation (EU) 2024/3190;

• recognise the applicable transitional provisions;

• extend the application of Improvement Notices to specified requirements in Regulation (EU) 2024/3190; and

• designate the FSA and district councils as competent authorities for specified functions.

Plastics – Regulation (EU) 10/2011

Regulation (EU) 10/2011 has been amended on several occasions. The proposed Regulations would:

• update the specified provisions that are subject to domestic enforcement;

• replace Schedule 1 with an updated list of enforceable requirements;

• maintain and clarify provisions relating to declarations of compliance and supporting documentation.

Recycled plastics – Regulation (EU) 2022/1616

Regulation (EU) 2022/1616 introduces requirements for recycled plastic materials intended to come into contact with food, including requirements relating to recycling technologies and processes, declarations of compliance, compliance monitoring summary sheets, registration of recyclers and decontamination installations, and official controls.

The proposed Regulations would:

• introduce domestic enforcement provisions for specified requirements in Regulation (EU) 2022/1616, including an accompanying schedule (Schedule 2) of enforceable provisions;

• designate competent authorities for specified functions, including relevant official control and audit functions;

• enable appropriate action to be taken where non-compliance is identified, including under Regulation (EU) 2017/625, where applicable;

• extend Improvement Notice provisions to specified documentation and declaration requirements; and

• recognise applicable transitional provisions.

Good Manufacturing Practice – Regulation (EC) No 2023/2006

The proposed Regulations would consolidate the existing domestic enforcement provision for Article 4 of Regulation (EC) No 2023/2006 within the updated enforcement framework for food contact materials in Northern Ireland.

Packaging and Packaging Waste – Regulation (EU) 2025/40

Regulation (EU) 2025/40 on packaging and packaging waste introduced directly applicable requirements for food-contact packaging. Most of the Regulation concerns packaging sustainability, waste prevention, recyclability, labelling, extended producer responsibility and related environmental matters, which are outside the scope of these proposed food contact materials Regulations.

For this consultation, the proposed updates are limited to domestic enforcement arrangements for Article 5(4) and Article 5(5) of Regulation (EU) 2025/40, insofar as they relate to food-contact packaging placed on the market in Northern Ireland. These provisions relate to limits for certain heavy metals and restrictions on PFAS in food-contact packaging from 12 August 2026.

The proposed updates would:

• introduce domestic enforcement provisions for Article 5(4) and Article 5(5) of Regulation (EU) 2025/40, limited to food-contact packaging;

• create an offence where a person contravenes those specified provisions;

• designate each district councils within its district as competent authorities for these specified provisions;

• provide for each district council within its district to execute and enforce the requirements of Article 5(4) and Article 5(5) of Regulation 2025/40; and

• ensure the appropriate and necessary enforcement powers are available to the designated competent authorities in Northern Ireland.

The consultation does not cover the wider environmental or waste-management provisions of Regulation (EU) 2025/40.