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- Practical Guide -
Page 100 of 153
finished product (QM) because the determination of the many compounds involved in
foodstuffs is exceedingly difficult.
Since no toxicological data are available for NOGE and the corresponding derivatives, the
value of the restriction was chosen sufficiently low to exclude the use of NOGE as additive.
The aim was to avoid the replacement of BADGE by NOGE, in agreement with the SCF, in
December 1999 stating: "The Committee therefore is of the opinion that, at present, it is not
appropriate to use NOGE as an additive in organosols in food contact materials."
The use of the three substances will be forbidden after 1 January 2005, unless further
toxicological data permits their use. The Commission was informed by the professional
organisations that they would provide new toxicological data in 2004 to maintain the use of
Exhaustion of the stocks
The permission to sell out the existing stocks was requested by professional organisations
and from countries outside the European Union, because of the long shelf life of canned
food. The Directive established that its enforcement only starts from 1 March 2003. Articles
brought into food contact before this date remain within the national legislation in force
before this date, i.e. they can continue to be traded inside those Member States where they
were in compliance with the existing rules. Member States, which did not allow the use of
these compounds, may keep up their rules at least up to the end of 2004.
Methods of analysis
The Directive has established the use of validated methods of analysis for the official
enforcement of the restrictions. The Commission has mandated the CEN to establish
validated methods of analysis for the enforcement of the Directive.