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 and repealing Directives 80/590/EEC and 89/109/EEC
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1.In the application of Article 3(1)(b) and 3(1)(c), active materials and articles may bring about changes in the composition or organoleptic characteristics of food on condition that the changes comply with [F1retained EU law and any other enactment applicable to food].
2.Pending the adoption of additional rules in a specific measure on active and intelligent materials and articles, substances deliberately incorporated into active materials and articles to be released into the food or the environment surrounding the food shall be authorised and used in accordance with [F2retained EU law and any other enactment applicable to food].
These substances shall be considered as ingredients within the meaning of Article 6(4)(a) of Directive 2000/13/EC(1).
3.Active materials and articles shall not bring about changes in the composition or organoleptic characteristics of food, for instance by masking the spoilage of food, which could mislead consumers.
4.Intelligent materials and articles shall not give information about the condition of the food which could mislead consumers.
5.Active and intelligent materials and articles already brought into contact with food shall be adequately labelled to allow identification by the consumer of non-edible parts.
6.Active and intelligent materials and articles shall be adequately labelled to indicate that the materials or articles are active and/or intelligent.
Textual Amendments
F1Words in Art. 4(1) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 14(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art 4(2) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)
Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ L 109, 6.5.2000, p. 29). Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).
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