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Although the March documents published by the European Chemicals Agency (ECHA) address per- and polyfluoroalkyl substances (PFAS) from a horizontal regulatory perspective, their relevance for the food sector may become significant in the short term. IGI FOOD LAW experts have analysed these materials from the perspective of their potential impact on the food industry, in particular in the area of food contact materials and packaging.
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In March 2026, ECHA published a series of interconnected materials concerning the proposed restriction of PFAS in the European Union. These documents were not released simultaneously, and their proper interpretation requires maintaining their chronological order, as only a combined reading reflects the current stage of the regulatory process.
The sequence of events is as follows:
The published materials indicate that both RAC and SEAC support the introduction of an EU-wide restriction on PFAS, covering their manufacture, placing on the market and use. However, this support is not unconditional. Both committees emphasise that the restriction should include specific derogations (i.e., exemptions for certain uses) as well as additional measures to minimise PFAS emissions where their use would be temporarily maintained. This clearly demonstrates that the approach is not based on a blanket ban in all circumstances, but rather on a more nuanced regulatory framework that takes into account risk assessment, the availability of alternatives, and proportionality.
For clarity, the main terms used in the documents are:
From a substantive perspective, the RAC opinion is central. The Committee concluded that PFAS pose increasing risks to both human health and the environment. ECHA highlights their extreme persistence, ability to remain in the environment for long periods, capacity for long-range transport, and ability to contaminate soil and groundwater.
RAC further concluded that existing regulatory measures are insufficient to adequately control PFAS emissions and that additional EU-level action is therefore necessary. At the same time, RAC went beyond a general endorsement of restriction and recommended that, where derogations are maintained, the restriction should be complemented by specific risk management measures. These include, in particular, site-specific PFAS management plans, emissions monitoring, supply chain communication, clear consumer labelling with instructions for safe use and disposal, and reporting of PFAS emissions from industrial and manufacturing sites to ECHA. This indicates that even where an immediate or absolute ban is not imposed, there is a clear expectation of emissions reductions and increased transparency.
The SEAC draft opinion complements this assessment by introducing a socio-economic perspective. SEAC emphasises that PFAS are used in a wide range of applications across Europe, and that action limited to individual Member States could lead to trade distortions and an uneven playing field within the internal market. For this reason, the Committee supports EU-wide regulatory action.
At the same time, SEAC highlights that proportionality is a key consideration. Targeted derogations may be necessary for specific uses where, based on available evidence, suitable alternatives are not yet available or where a cost-benefit assessment justifies a more gradual transition. SEAC also supports the introduction of emission-minimisation measures for derogated uses, although it does not yet conclude whether specific measures are proportionate in all cases.
An important element of the March package is the publication of guidance for participation in the SEAC consultation. This document provides practical insight into the type of data and evidence expected from stakeholders.
The consultation was launched on 26 March 2026 and will run for 60 days, until 25 May 2026. It focuses specifically on the SEAC draft opinion, meaning socio-economic aspects, rather than re-assessing hazards or risks already evaluated by RAC.
Stakeholders are expected to provide, in particular, data on:
Both sector-specific surveys and a general survey are предусмотрены, with ECHA identifying 14 sectors subject to detailed evaluation, including food contact materials and packaging.
This element is particularly important for the food sector. PFAS are not limited to traditional chemical industry applications. ECHA explicitly identifies food contact materials and packaging as one of the sectors subject to detailed analysis.
For food business operators, this means that the proposed restriction may directly affect:
At the same time, the public consultation provides an opportunity to submit data on the actual availability of alternatives, timelines for substitution and potential economic and operational impacts.
The regulatory importance of these documents is substantial. While they do not yet constitute binding legal provisions, they represent an advanced stage of the restriction procedure under REACH.
At this stage:
Following this, SEAC is expected to adopt its final opinion by the end of 2026. Both opinions will then be submitted to the European Commission, which will prepare a legislative proposal for restriction to be discussed and voted on by Member States. This means that the March 2026 publications bring the process significantly closer to the legislative stage, where the proposed restriction may translate into concrete legal requirements.
For companies in the food sector and packaging industry, this is the stage at which monitoring is no longer sufficient. It becomes necessary to identify PFAS uses in materials, packaging and processes, assess the availability of alternatives, and consider whether and how to engage in the consultation process.
Information of this kind, as well as other key developments affecting the food sector and upcoming regulatory changes, is regularly covered by IGI FOOD LAW experts within the IGI FOOD LAW Alert.
The monthly IGI FOOD LAW Alert helps companies:
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The discussed documents are available HERE.
