Contaminants: new MLs for treenuts and oilseeds

The Commission published a Regulation (EU) 2024/1987 amending Regulation (EU) 2023/915 as regards maximum levels of nickel in certain foodstuffs. Nickel is a widespread component of Earth’s crust and is ubiquitous in the biosphere. Its presence in food can arise from both natural and anthropogenic sources.

EFSA concluded that nickel may cause both chronic and acute effects. On the basis of the critical chronic effect of pregnancy loss, EFSA established a tolerable daily intake (TDI) of 13 µg/kg bw and EFSA concluded that this TDI was exceeded in toddlers, children between 36 months and 10 years old and also, in some cases, in infants. Even though pregnancy loss is not a relevant effect for the young age groups, the TDI is also protective for other effects relevant for the younger age groups such as neurotoxic effects. Therefore, EFSA concluded that exceedance of the TDI may raise health concerns in those young age groups. EFSA concluded that the critical acute effects are eczematous flare-up reactions in the skin elicited in nickel-sensitised humans, which concerns about 15% of the population, that the lowest observed adverse effect level for those acute effects is 4,3 µg nickel/kg bw and that a margin of exposure (MOE) of 30 or higher is needed to protect against those effects. This MOE of 30 is not achieved for the mean and 95th percentile exposure, which raises a health concern for nickel-sensitised individuals.

The new Maximum Levels (mg/kg) for nickel:

Chestnuts, pine nuts, walnuts, Brazil nuts, and cashew nuts 10

Other tree nuts 3.5

Sunflower seed 8.0

Peanuts 12

For tree nuts and oilseeds the maximum level applies to the edible part. The maximum level does not apply to tree nuts for crushing and oil refining, provided that the remaining pressed tree nuts are not placed on the market as food.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union (published 1.8.2024).

It shall apply from 1 July 2025. Food lawfully placed on the market prior to this may remain on the market until their date of minimum durability or use-by date.

More information: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401987

Contact: ksaari@frucom.eu