The Council of the European Union has published a Commission Regulation, dated 23 July 2026, amending Regulation (EU) 2023/915 to establish maximum levels for mineral oil aromatic hydrocarbons (MOAH) in food. The regulation, which follows an updated EFSA risk assessment indicating potential genotoxicity and carcinogenicity, aims to reduce dietary exposure to MOAH by applying the 'As Low As Reasonably Achievable' principle. It sets specific limits based on fat content: 0.50 mg/kg for foods with less than 4% fat, 1.0 mg/kg for 4-50% fat, and 2.0 mg/kg for over 50% fat, applicable from 1 January 2027. Until 31 December 2029, for processed and compound foods where the calculated maximum level falls below the limit of quantification, the limit is raised to the applicable limit of quantification (0.50, 1.0, or 2.0 mg/kg depending on fat content). Dry tea and dry herbal infusions (other than instant) are exempt from maximum levels unless used as an ingredient in food, due to limited transfer to brewed beverages. The regulation also amends transitional provisions to allow food lawfully placed on the market before 1 January 2027 to remain until its date of minimum durability or use-by date. Food business operators are required to identify and implement mitigation measures to reduce MOAH contamination, with a review expected for further lowering of maximum levels. The regulation enhances consumer protection by reducing exposure to potentially carcinogenic MOAH but imposes compliance costs on food business operators, requiring adaptation of production processes, supply chain monitoring, and potential reformulation. Imported foods must meet the new maximum levels, potentially requiring additional testing and certification, which may affect international trade. The phased transition from 2027 to 2029 allows industry adjustment, but continued efforts to lower levels are expected beyond 2029. Temporary market disruptions for foods with long shelf life are mitigated by transitional rules.
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