Commission Regulation (EC) No 242/2004 of 12 February 2004 amending Regulation (EC) No 466/2001 as regards inorganic tin in foods (Text with EEA relevance)

• Published date: 13 February 2004
• Subject Matter: Internal market - Principles,Foodstuffs,Consumer protection
• Official Gazette Publication: Official Journal of the European Union, L 42, 13 February 2004

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Commission Regulation (EC) No 242/2004 of 12 February 2004 amending Regulation (EC) No 466/2001 as regards inorganic tin in foods (Text with EEA relevance)

Official Journal L 042 , 13/02/2004 P. 0003 - 0004

Commission Regulation (EC) No 242/2004

of 12 February 2004

amending Regulation (EC) No 466/2001 as regards inorganic tin in foods

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food(1), and in particular Article 2(3) thereof,

Whereas:

(1) Commission Regulation (EC) No 466/2001(2), as last amended by Regulation (EC) No 2174/2003(3), sets maximum levels for certain contaminants in foodstuffs.

(2) Commission Directive 91/321/EEC of 14 May 1991 on infant formula and follow-on formula(4) as last amended by Directive 2003/14/EC(5) provides that infant formulae and follow-on formulae must not contain any substance in such quantity as to endanger the health of infants and young children and that necessary maximum levels for such substances are to be established without delay.

(3) Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children(6), as last amended by Directive 2003/13/EC(7), provides that processed cereal-based foods and baby foods must not contain any substance in such quantity as to endanger the health of infants and young children and that necessary maximum levels for such substances are to be established without delay.

(4) Some Member States have adopted maximum levels for inorganic tin in foods. In view of the disparities between Member States and the consequent risk of distortion of competition, Community measures are necessary in order to ensure market unity whilst abiding by the principle of proportionality.

(5) The Scientific Committee on Food concluded in its opinion of 12 December 2001 that levels of inorganic tin of 150 mg/kg in canned beverages and 250 mg/kg in other canned foods may cause gastric irritation in some individuals. Information is not available to indicate whether or not infants and young children might be at greater risk.

(6) To protect public health from this acute health risk it is necessary to set maximum levels for inorganic tin in canned foods...