No legal maximum levels for mineral oils yet
The European Commission is currently working on setting maximum levels (MLs) for mineral oil aromatic hydrocarbons (MOAH) in food. During the latest meeting of the Commission Working Group on Environmental Contaminants, it was decided to postpone the entry into force of these maximum levels until 1 January 2027. The reason is a lack of sufficient monitoring data. Until MLs are established, the temporary enforcement policy of the Dutch Food and Consumer Product Safety Authority (NVWA) remains in effect.
MOAH are potentially carcinogenic substances
MOAH are chemical substances that can end up in food. Contamination can occur through environmental pollution, packaging materials, or lubricants used during the production process. According to a risk assessment by EFSA, some MOAH may be carcinogenic or mutagenic. Since then, the Commission has been working on establishing maximum levels (MLs) for MOAH in food. These MLs will eventually be included in Regulation (EU) 2023/915 (the Contaminants Regulation).
Entry into force postponed to 1 January 2027
The Commission has now decided to postpone the entry into force of the MLs to 1 January 2027. An earlier date is not feasible due to the lack of monitoring data for processed/compound products. A step-by-step approach is also being proposed. First, MLs will be set for unprocessed/raw products (such as oilseeds and grains) and certain basic ingredients (such as oils and fats). At a later stage, further discussions may take place on MLs for processed/compound products once sufficient monitoring data become available.
Temporary NVWA enforcement policy remains in effect
As long as no MLs are established, the temporary enforcement policy of the NVWA—effective since 1 January 2024—applies. Under this policy, companies must monitor MOAH levels in their products using the following action limits:
| Product category | % oil/fat | Application of 50% measurement uncertainty allowed | Action limit total MOAH (mg/kg) | |
| Dry foods with low fat or oil content | ≤4% | Yes | 0,5 |
| Foods with higher fat or oil content | > 4% ≤50% | Yes | 1 |
| Infant formula or similar products | > 4% ≤50% | No | 1 |
| Fats, oils, and foods with high fat or oil content | >50% | Yes | 2 |
If a level is detected that exceeds the action limit, notification is required. If the level remains above the action limit after applying the 50% measurement uncertainty, the product must be withdrawn from the market. For infant formula, the measurement uncertainty may not be applied, meaning the product must be immediately withdrawn from the market if the action limit is exceeded.
Support from Schouten Advies
Do you have questions about the maximum levels for mineral oils or the NVWA enforcement policy? Please contact our Food consultants at info@schoutenadvies.nl for tailored advice.As long as no MLs are established, the temporary enforcement policy of the NVWA—effective since 1 January 2024—applies. Under this policy, companies must monitor MOAH levels in their products using the following action limits:
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