The Member States of the European Union have adopted a joint position entitled “Joint statement of the Member States regarding the presence of Mineral Oil Aromatic Hydrocarbons (MOAH) in food, including food for infants and young children”, addressing the presence of mineral oil aromatic hydrocarbons (MOAH) in food, including food for infants and young children.
The document was developed within the framework of cooperation between Member States, with the involvement of the services of the European Commission and represents an update of the regulatory approach to this issue, replacing the previous position of the Standing Committee on Plants, Animals, Food and Feed (SC PAFF) of 23 June 2020.
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The position addresses the presence of MOAH in food and the actions to be taken when such substances are detected in food products. It highlights the need for further investigation and analysis of products in which MOAH have been identified, as well as actions to determine the source of contamination. In this context, particular reference is made to ingredients, food additives, food contact materials and articles, as well as other potential sources of these compounds.
Special attention is also given to the need to assess whether contamination may result from the migration of MOAH from food contact materials, from microcrystalline waxes. The document further indicates the need to verify cases where microcrystalline wax used in such materials is declared as E905, including its compliance with the specifications applicable to this food additive, in particular about the presence of benzo[a]pyrene.
In addition, it is emphasised that sampling, analysis and reporting of results should be carried out in a harmonised manner, in accordance with the guidance developed by the Joint Research Centre (JRC).
A key element of the document is the agreement on a harmonised approach among authorities across the EU. Where the presence of MOAH is confirmed at or above the specified limits of quantification (LOQ), the products concerned should be withdrawn from the market and, where appropriate, recalled from consumers, in accordance with Articles 14 and 19 of Regulation (EC) No 178/2002.
The following LOQ levels have been established:
The document constitutes a joint position of the Member States and does not represent a legally binding act. In practice, however, it:
This means that, despite the absence of formal legal limits for MOAH, the indicated LOQ levels function in practice as decision-making thresholds for authorities.
From the perspective of food business operators, the position has significant practical implications. First, it requires a more thorough verification of supply chains and potential sources of MOAH, not only in raw materials and ingredients, but also in food additives, food contact materials and articles, as well as processing aids.
The document also reinforces the importance of properly designed analytical testing and quality control systems. In practice, businesses should consider that the assessment of MOAH presence and subsequent actions will be based on sampling and analytical methods in line with Regulation (EC) No 333/2007 and JRC guidance.
The position also has a direct impact on the market. Where MOAH is confirmed at the levels indicated in the document, this may lead to product withdrawal and, where necessary, recall from consumers. Therefore, although the LOQ levels are not legally binding limits, they effectively operate as key reference points for regulatory and quality risk assessment.
Importantly, the document also reiterates the responsibility of food business operators for ensuring food safety, referring to the principles laid down in Regulation (EC) No 178/2002. This implies that businesses are expected not only to respond to identified non-compliances but also to proactively identify potential risks and implement preventive measures.
Particular attention is also drawn to the area of food contact materials. The position clearly highlights the use of microcrystalline waxes, including cases where they are declared as E905, which, in practice, may require additional verification of their specifications, purity, and potential role as a source of MOAH migration into food.
The joint position of the EU Member States on MOAH in food leads in practice to a harmonised approach among authorities across the Union and reinforces the importance of controlling the presence of these contaminants in food. For businesses, this translates into the need for proactive risk management and for aligning quality and food safety systems with current regulatory expectations.
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