Abstract
This article examines the regulatory frameworks of the EU and Ireland concerning food contact materials (FCMs), highlighting the concerns associated with chemical migration in common packaging such as beverage cartons. Based on Regulation (EC) No 1935/2004, the framework reconciles human health safeguarding with market integration, stipulating that materials must not release dangerous compounds above permissible thresholds. Scientific studies conducted by EFSA, including BPA re-assessments, guide migration thresholds and precautionary protocols. The investigation of drinking cartons elucidates the difficulties of composite materials, non-intentionally added substances (NIAS), and regulation deficiencies with non-plastic components. The enforcement by the Food Safety Authority of Ireland (FSAI) includes inspections, traceability, and liability frameworks; nonetheless, scientific uncertainty and inconsistent harmonisation provide obstacles. The article promotes adaptations to mitigate developing dangers, guaranteeing adaptable public health protections in response to changing chemical exposure issues.
Keywords: Ireland, EU, Public Health, Regulation, Food Packaging.
INTRODUCTION
Every day, Irish consumers unwittingly interact with a remarkable array of materials that have played a role in safeguarding the safety and quality of the foods and drinks they consume. A carton of milk on a breakfast table, a tetra-pack of juice carried in a child’s schoolbag, or a takeaway coffee served in a paper-based container may seem like unremarkable objects of daily life. Yet each of these items embodies a complex system of legal rules, scientific assessment, and regulatory oversight designed to protect human health while facilitating the operation of the European internal market. These materials fall within the legal category of food contact materials, a term used in European Union law to describe any material or article intended to come into contact with food, already in contact with food, or reasonably expected to transfer its constituents to food under normal or foreseeable conditions of use.[1] This definition is deliberately broad. It encompasses not only obvious forms of packaging such as cartons, bottles and wrappers, but also processing equipment, storage containers, and other articles that may touch food during its production, transport or consumption.[2] In practice, if a material touches food or drink that may be consumed, it is likely to fall within the scope of food contact materials regulation.
The legal foundation for the regulation of food contact materials in Ireland is found primarily in European Union law. The cornerstone of this regime is Regulation (EC) No 1935/2004 of the European Parliament and of the Council, which establishes harmonised rules governing materials and articles intended to come into contact with food.[3] The Regulation pursues a dual objective: to ensure a high level of protection of human health and consumer interests, and to allow the free movement of goods within the internal market.[4] These objectives reflect the broader structure of EU public health law, which seeks to reconcile consumer protection with economic integration. At the heart of Regulation 1935/2004 rests a general safety requirement. Article 3 provides that food contact materials must be manufactured in such a way that, under normal or foreseeable conditions of use, they do not transfer their constituents into food in quantities that could endanger human health, bring about an unacceptable change in the composition of the food, or impair its organoleptic characteristics.[5] In ordinary terms, this means that the materials used in packaging – including the layers of cardboard, plastic, and coatings found in many drinking cartons – must not release harmful substances into food or drink at levels capable of causing harm.
Although this principle appears straightforward, its application depends heavily on scientific assessment and regulatory interpretation. The Regulation does not list all prohibited substances, nor does it define “endanger human health” in purely legal terms. Instead, it relies on scientific risk assessment to determine whether particular substances, when used in food contact materials, may pose risks to consumers. This scientific dimension is central to the regulation of chemicals that have been associated with long-term health effects, including carcinogenicity. Ireland, as a Member State of the European Union, gives effect to Regulation 1935/2004 through domestic legislation and enforcement mechanisms. Irish statutory instruments implement specific EU measures, while EU regulations themselves apply directly within the State. Oversight and enforcement are entrusted primarily to the Food Safety Authority of Ireland (FSAI), which is responsible for ensuring that food contact materials placed on the Irish market comply with both EU and national requirements.[6] Through inspections, documentation checks and cooperation with other Member States, the FSAI plays a central role in translating EU legal standards into practical public health protection.[7]
The relevance of this regulatory framework to everyday life is easily overlooked. Consumers rarely question the safety of a juice carton or milk container, yet the materials used in such products are subject to continuous legal scrutiny. This scrutiny has intensified in recent years as scientific research has drawn attention to substances such as bisphenol A (BPA), phthalates and per- and polyfluoroalkyl substances (PFAS), which may migrate from packaging into food and have been associated with potential adverse health effects, including endocrine-mediated pathways.[8] Although EU law does not automatically classify such substances as carcinogenic in the context of food contact materials, it requires that exposure be kept below levels considered safe on the basis of current scientific knowledge.
This article examines how Irish public health law, operating within the EU regulatory framework, addresses the risks associated with chemical migration from food and drink packaging. Particular attention is paid to drinking cartons, which are widely used and often involve complex multi-layer materials. By analysing legislation, regulatory practice and scientific assessment from such sources, the article seeks to explain how the law protects consumers, where its limits sit, and how it may need to evolve in response to emerging public health concerns.
[1] European Commission, Food Contact Materials – General Information (DG SANTE)https://food.ec.europa.eu/food-safety/chemical-safety/food-contact-materials/general-information-and-contacts_en accessed 21 December 2025.
[2] European Commission, Food Contact Materials – Food Safety https://food.ec.europa.eu/food-safety/chemical-safety/food-contact-materials_en accessed 21 December 2025.
[3] Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food [2004] OJ L 338/4.
[4] ibid art 1.
[5] ibid art 3.
[6] Food Safety Authority of Ireland, Materials and Articles in Contact with Foodstuffs – Legislation
https://www.fsai.ie/enforcement-and-legislation/legislation/food-legislation/materials-and-articles-in-contact-with-foodstuffs/legislation accessed 21 December 2025.
[7]Institute of Food Science & Technology, ‘Audit of Official Controls Carried Out by the HSE Published – FSAI.’ https://www.ifst.org/news/audit-official-controls-carried-out-hse-published-%E2%80%93-fsai-0 accessed 22 December 2025.
[8] Madeline Tanzer et al, Phthalates, bisphenols and per‑and polyfluoroalkyl substances migration from food packaging into food: a systematic review (2025) Rev Environ Health. https://pubmed.ncbi.nlm.nih.gov/40665485/ accessed 22 December 2025.