Commission Regulation (EU) 2021/1323 of 10 August 2021 amending Regulation (EC) No 1881/2006 as regards maximum levels of cadmium in certain foodstuffs (Text with EEA relevance)
Commission Regulation (EU) 2021/1323of 10 August 2021amending Regulation (EC) No 1881/2006 as regards maximum levels of cadmium in certain foodstuffs(Text with EEA relevance) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in foodOJ L 37, 13.2.1993, p. 1., and in particular Article 2(3) thereof,Whereas:(1)Commission Regulation (EC) No 1881/2006Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5). sets maximum levels for cadmium (Cd) in a range of foodstuffs.(2)On 30 January 2009, the European Food Safety Authority ("the Authority") adopted an opinion on cadmium in foodEFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific opinion on cadmium in food. EFSA Journal 2009(980) 1-139, https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2009.980.. The Authority concluded that cadmium is primarily toxic to the kidney, especially to the proximal tubular cells where it accumulates over time and may cause renal dysfunction. In view of the toxic effects of cadmium on the kidneys, the Authority established a tolerable weekly intake for cadmium of 2,5 μg/kg body weight. The Authority further concluded that the mean exposure for adults across the Union is close to, or slightly exceeds, the tolerable weekly intake. It also concluded that subgroups such as vegetarians, children, smokers and people living in highly contaminated areas may exceed the tolerable weekly intake by about 2-fold. Therefore, the CONTAM Panel concluded that the current exposure to cadmium at the population level needs to be reduced. Following that opinion, the Authority issued, on 17 January 2012, a scientific report where it confirmed that children and adults at the 95th percentile exposure could exceed the health-based guidance valuesScientific Report of EFSA on Cadmium dietary exposure in the European population. EFSA Journal 2012;10(1), 2551 [37 pp.], https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2012.2551..(3)Taking into account the Authority’s opinion and scientific report, new maximum levels for baby foods and chocolate/cocoa products were established under Commission Regulation (EU) No 488/2014Commission Regulation (EU) No 488/2014 of 12 May 2014 amending Regulation (EC) No 1881/2006 as regards maximum levels of cadmium in foodstuffs (OJ L 138, 13.5.2014, p. 75)..(4)However, the Commission considered that an immediate reduction of the existing MLs was not appropriate at the time. Therefore, it adopted Commission Recommendation 2014/193/EUCommission Recommendation 2014/193/EU of 4 April 2014 on the on the reduction of the presence of cadmium in foodstuffs (OJ L 104, 8.4.2014, p. 80)., which called on Member States to ensure that the already available mitigation methods were communicated and promoted to farmers and started or continued to be implemented, to regularly monitor the progress of the mitigation measures by collecting occurrence data on cadmium levels in foodstuffs and to report the data, in particular on cadmium levels close to or exceeding the maximum levels, by February 2018.(5)An evaluation of the most recent occurrence data gathered after the implementation of the mitigation measures shows that it is now achievable to reduce the presence of cadmium in many foodstuffs. Therefore, it is appropriate to lower the existing maximum levels for cadmium or to establish maximum levels for those foodstuffs.(6)Regulation (EC) No 1881/2006 should therefore be amended accordingly.(7)Given that cadmium is an indirect genotoxic carcinogen, and consequently its presence is a higher risk for public health, products containing cadmium, which do not comply with the new maximum levels, and which were placed on the market before the entry into force of this Regulation, should only be allowed to remain on the market for a limited period of time.(8)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION:
Article 1The Annex to Regulation (EC) No 1881/2006 is amended in accordance with the Annex to this Regulation.
Article 2Foodstuffs listed in the Annex that were lawfully placed on the market before the entry into force may remain on the market until 28 February 2022.
Article 3This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 10 August 2021.For the CommissionThe PresidentUrsula von der LeyenANNEXIn Section 3: Metals of the Annex to Regulation (EC) No 1881/2006, subsection 3.2 (Cadmium) is replaced by the following:
The maximum levels do not apply to tree nuts or oilseeds for crushing and oil refining, provided that the remaining pressed tree nuts or oilseeds are not placed on the market as food. In case the remaining pressed tree nuts or oilseeds are placed on the market as food, the maximum levels apply, taking into account Articles 2(1) and 2(2) of this Regulation.The maximum levels do not apply to cereals used for malt for beer or distillates production, provided that the remaining malt is not placed on the market as food. In case the remaining malt is placed on the market as food, the maximum levels apply, taking into account Articles 2(1) and 2(2) of this Regulation."
Foodstuffs (1)Maximum level (mg/kg wet weight)
"3.2Cadmium
3.2.1Fruits (27) and tree nuts (27)
3.2.1.1Citrus fruits, pome fruits, stone fruits, table olives, kiwi fruits, bananas, mangoes, papayas and pineapples0,020
3.2.1.2Berries and small fruits, except raspberries0,030
3.2.1.3Raspberries0,040
3.2.1.4Fruits, except those listed under 3.2.1.1, 3.2.1.2 and 3.2.1.30,050
3.2.1.5Tree nuts
3.2.1.5.1Tree nuts, except those listed under 3.2.1.5.20,20
3.2.1.5.2Pine nuts0,30
3.2.2Root and tuber vegetables (27)
3.2.2.1Root and tuber vegetables, except those listed under 3.2.2.2, 3.2.2.3, 3.2.2.4, 3.2.2.5 and 3.2.2.6. For potatoes, the maximum level applies to peeled potatoes.0,10
3.2.2.2Radishes0,020
3.2.2.3Tropical roots and tubers, parsley roots, turnips0,050
3.2.2.4Beetroots0,060
3.2.2.5Celeriac0,15
3.2.2.6Horseradish, parsnips, salsify0,20
3.2.3Bulb vegetables (27)
3.2.3.1Bulb vegetables, except garlic0,030
3.2.3.2Garlic0,050
3.2.4Fruiting vegetables (27)
3.2.4.1Fruiting vegetables, except aubergines0,020
3.2.4.2Aubergines0,030
3.2.5Brassica vegetables (27)
3.2.5.1Brassica, other than leafy brassica0,040
3.2.5.2Leafy brassica0,10
3.2.6Leaf vegetables and herbs (27)
3.2.6.1Leaf vegetables, except those listed under point 3.2.6.20,10
3.2.6.2Spinaches and similar leaves, mustard seedlings and fresh herbs0,20
3.2.7Legume vegetables (27)0,020
3.2.8Stem vegetables (27)
3.2.8.1Stem vegetables, other than those listed under point 3.2.8.2 and 3.2.8.30,030
3.2.8.2Leeks0,040
3.2.8.3Celeries0,10
3.2.9Fungi (27)
3.2.9.1Cultivated fungi, other than those listed under point 3.2.9.20,050
3.2.9.2Lentinula edodes (Shiitake mushroom) and Pleurotus, ostreatus (Oyster mushroom)0,15
3.2.9.3Wild fungi0,50
3.2.10Pulses and proteins from pulses
3.2.10.1Pulses, except proteins from pulses0,040
3.2.10.2Proteins from pulses0,10
3.2.11Oilseeds
3.2.11.1Oilseeds, except those listed under 3.2.11.2, 3.2.11.3, 3.2.11.4, 3.2.11.5 and 3.2.11.60,10
3.2.11.2Rape seeds0,15
3.2.11.3Peanuts and soy beans0,20
3.2.11.4Mustard seeds0,30
3.2.11.5Linseed and sunflower seed0,50
3.2.11.6Poppy seed1,20
3.2.12Cereals
3.2.12.1Cereals other than those listed under 3.2.12.2, 3.2.12.3, 3.2.12.4 and 3.2.12.50,10
3.2.12.2Rye and barley0,050
3.2.12.3Rice, quinoa, wheat bran and wheat gluten0,15
3.2.12.4Triticum durum (durum wheat)0,18
3.2.12.5Wheat germ0,20
3.2.13Specific cocoa and chocolate products as listed below (49)
3.2.13.1Milk chocolate with < 30 % total dry cocoa solids0,10
3.2.13.2Chocolate with < 50 % total dry cocoa solids; milk chocolate with ≥ 30 % total dry cocoa solids0,30
3.2.13.3Chocolate with ≥ 50 % total dry cocoa solids0,80
3.2.13.4Cocoa powder sold to the final consumer or as an ingredient in sweetened cocoa powder sold to the final consumer (drinking chocolate)0,60
3.2.14Products of animal origin – terrestrial animals (6)
3.2.14.1Meat (excluding offal) of bovine animals, sheep, pig and poultry0,050
3.2.14.2Horsemeat, excluding offal0,20
3.2.14.3Liver of bovine animals, sheep, pig, poultry and horse0,50
3.2.14.4Kidney of bovine animals, sheep, pig, poultry and horse1,0
3.2.15Products of animal origin- fish, fish products and any other marine and freshwater food products
3.2.15.1Muscle meat of fish (24) (25), excluding species listed under points 3.2.15.2, 3.2.15.3 and 3.2.15.40,050
3.2.15.2Muscle meat of the following fish (24) (25):mackerel (Scomber species), tuna (Thunnus species, Katsuwonus pelamis, Euthynnus species), bichique (Sicyopterus lagocephalus)0,10
3.2.15.3Muscle meat of the following fish (24) (25):bullet tuna (Auxis species)0,15
3.2.15.4Muscle meat of the following fish (24) (25):anchovy (Engraulis species), swordfish (Xiphias gladius), sardine (Sardina pilchardus)0,25
3.2.15.5Crustaceans (26): muscle meat from appendages and abdomen (44). In case of crabs and crab-like crustaceans (Brachyura and Anomura) muscle meat from appendages.0,50
3.2.15.6Bivalve molluscs (26)1,0
3.2.15.7Cephalopods (without viscera) (26)1,0
3.2.16Infant formulae, follow-on formulae and foods for special medical purposes intended for infants and young children (3) (29) and young child formulae (29) (57)
3.2.16.1marketed as powder and manufactured from cow’s milk proteins or from cow’s milk protein hydrolysates0,010
3.2.16.2marketed as liquid and manufactured from cow’s milk proteins or from cow’s milk protein hydrolysates0,005
3.2.16.3marketed as powder and manufactured from soya protein isolates, alone or in a mixture with cow’s milk proteins0,020
3.2.16.4marketed as liquid and manufactured from soya protein isolates, alone or in a mixture with cow’s milk proteins0,010
3.2.17Young child formulae (29) (57)
3.2.17.1marketed as powder and manufactured from plant protein isolates other than soya protein isolates, alone or in a mixture with cow’s milk proteins0,020
3.2.17.2marketed as liquids and manufactured from plant protein isolates other than soya protein isolates, alone or in a mixture with cow’s milk proteins0,010
3.2.18Processed cereal-based foods and baby foods for infants and young children (3) (29)0,040
3.2.19Drinks for infants and young children labelled and sold as such, other than those mentioned in 3.2.16 and 3.2.17
3.2.19.1Marketed as liquids or to be reconstituted following instructions of the manufacturer including fruit juices (4)0,020
3.2.20Food supplements (39)
3.2.20.1Food supplements, except food supplements listed in point 3.2.20.21,0
3.2.20.2Food supplements consisting exclusively or mainly of dried seaweed, products derived from seaweed, or of dried bivalve molluscs3,0
3.2.21Salt0,50
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The maximum levels do not apply to tree nuts or oilseeds for crushing and oil refining, provided that the remaining pressed tree nuts or oilseeds are not placed on the market as food. In case the remaining pressed tree nuts or oilseeds are placed on the market as food, the maximum levels apply, taking into account Articles 2(1) and 2(2) of this Regulation.The maximum levels do not apply to cereals used for malt for beer or distillates production, provided that the remaining malt is not placed on the market as food. In case the remaining malt is placed on the market as food, the maximum levels apply, taking into account Articles 2(1) and 2(2) of this Regulation."