Kitchenware GPSR and Food Contact Compliance: Regulation 1935/2004, Plastics 10/2011 and the Declaration of Compliance

How the two regimes split the work

GPSR Article 2(2) excludes food from its scope, but recital 11 explains that materials and articles intended to come into contact with food (food contact materials, FCM) are covered by the GPSR for risks not covered by Regulation 1935/2004 or other food-specific legislation, which deals only with chemical and biological risks. Put simply: whether a pan releases harmful substances into food is a food contact question; whether its handle comes loose, its glass lid shatters when heated or a knife edge is unguarded is a GPSR question.

Food contact rules are not in the Annex I list of Union harmonisation legislation in Regulation (EU) 2019/1020, so our reading is that GPSR Chapter III Section 1 (Articles 9–18) normally applies in full to non-electric kitchenware. Electric kettles and air fryers are CE products and work differently; see the electronics white paper. For the wider home category, see the home, kitchenware and furniture white paper; this guide goes deeper on kitchenware and food contact only.

The framework Regulation 1935/2004: Article 3 and Article 15 labelling

The framework regulation covers materials and articles which, in their finished state, are intended to come into contact with food, are already in contact with food, or can reasonably be expected to come into contact with food or transfer their constituents to it under normal or foreseeable use (Article 1(2)). Beyond pots and plates, that includes coffee filters, lunch boxes, straws, chopping boards, baking moulds and baby bottles.

Article 3: no harmful transfer

Materials and articles must be made under good manufacturing practice so that, under normal or foreseeable conditions of use, they do not transfer constituents to food in quantities that could endanger human health, bring about an unacceptable change in the food's composition, or spoil its taste and smell. Labelling, advertising and presentation must not mislead consumers (Article 3(2)).

Article 15: what must accompany the article at retail

• Use indication: the words "for food contact" (or a local-language equivalent), a specific indication of use such as "soup spoon" or "coffee machine", or the glass-and-fork symbol in Annex II. Not required for articles clearly intended for food contact, such as a fork (Article 15(2)).
• Special instructions for safe use where needed, such as "not for microwave use" or "not for use on an open flame".
• An EU-established business: the name or trade name and address of the manufacturer, processor or seller responsible for placing the article on the market, established within the EU.
• Traceability: labelling or identification that ensures traceability, as described in Article 17.

The information must be conspicuous, clearly legible and indelible (Article 15(3)). The use indication and instructions must be in a language easily understood by purchasers, and Member States may require their own official language(s) (Article 15(4)–(5)). Article 15(9) restricts the use indication and the symbol to articles that actually comply with Article 3 and any applicable specific measure.

The EU business named under Article 15 and the GPSR Article 16 responsible person are separate duties. In practice the same importer or authorised representative often covers both and the label can combine them, but confirm that it has agreed to do so. The full GPSR field list is in the GPSR label requirements guide.

Plastic kitchenware: migration limits and the declaration of compliance

Regulation (EU) No 10/2011 applies to plastic articles, plastic multi-layer articles, printed or coated plastic articles and plastic layers in multi-material multi-layer articles (Article 2(1)). Three core requirements:

1. Authorised substances only: monomers, additives and other starting substances must be on the Union list in Annex I.
2. Migration limits: overall migration generally may not exceed 10 mg per dm² of food contact surface (Article 12); Annex I sets specific migration limits (SML) for individual substances, with a generic 60 mg/kg where none is set (Article 11).
3. Documents: a written declaration of compliance at every marketing stage other than retail (Article 15), and supporting documentation with test conditions and results, calculations or other analysis available to authorities on request (Article 16).

Annex IV sets out what the DoC must contain, including the identity and address of the business issuing it and of the manufacturer or importer, identification of the article, the date, confirmation of compliance with 10/2011 and 1935/2004, information on restricted substances, and specifications for use, such as the types of food, time and temperature of contact and the surface-to-volume ratio used to establish compliance. It must be renewed when substantial changes in composition or production alter migration, or when new scientific data become available (Article 15(3)).

In practice, get a model-specific DoC and migration test report from your factory and check that the simulants, temperatures and times cover what your listing claims. If you advertise "microwave safe" or "for hot soup", the test conditions must cover high temperatures. For repeat-use articles, Annex V requires the migration test to be run three times on the same sample, with compliance judged on the third result. A report only proves compliance with the law it was tested against; a report under one Member State's national rules does not automatically show compliance with 10/2011. The regulation has been amended many times, most recently by Regulation (EU) 2025/351 and several 2026 amendments, so use the current consolidated text on EUR-Lex.

New labelling rules from Regulation 2025/351. A new Article 14a requires repeat-use plastic articles to come with instructions to slow deterioration, a description of visible changes that indicate deterioration (such as discolouration or cracking) and a warning where specific damage or foreseeable misuse would increase migration. Plastic articles made with authorised substances that carry use restrictions in Annex I must also carry consumer instructions at retail on the foods, contact time and temperature, or oven and microwave limits. Under the transitional rule in Article 4, compliant articles first placed on the market before 16 September 2026 may be sold until stocks run out; articles first placed after that date must meet the new rules. See also GPSR test reports and standards.

Other materials: ceramics, silicone, metal, wood, bamboo and bisphenol A

Bisphenol A (BPA). Regulation (EU) 2024/3190 is a specific measure under 1935/2004 that restricts BPA and other hazardous bisphenols in adhesives, rubbers, ion-exchange resins, plastics, printing inks, silicones, and varnishes and coatings. For repeat-use consumer articles, the transitional rule only allowed non-compliant products to be first placed on the market until 20 July 2026, a date that has now passed. For any new polycarbonate bottle or coated pan, confirm with the factory that it is made without BPA and get the matching DoC.

Nylon and melamine kitchenware from China. Regulation (EU) No 284/2011 says polyamide (nylon) and melamine plastic kitchenware originating in or consigned from mainland China or Hong Kong may only be imported if the importer submits, for each consignment, a declaration with a laboratory report: no detectable primary aromatic amines from polyamide (detection limit 0.01 mg/kg) and no more than 15 mg/kg formaldehyde from melamine. Importers must give at least two working days' notice of arrival, and 10% of consignments are sampled for laboratory analysis. The regulation is still in force. How it is applied to small parcels sent directly to consumers depends on national authorities (to be re-checked); the safe course is to keep both documents ready for every channel.

Kitchenware risks the GPSR asks you to assess

A complete food contact file does not make a kitchen product safe. GPSR Article 6 requires you to consider the product's characteristics, its users (including children and older people) and reasonably foreseeable use and misuse. Common non-chemical risks:

• Sharp edges and knives: blades, graters, can openers, cut edges on metal boxes. The Commission's guidelines (C/2025/6233) give knives as an example of products whose risks are well known, where instructions are not mandatory if the product can be used safely without them. Blade protection for transport and unboxing, such as a sheath, is still worth covering in the risk analysis.
• Heat: heat transfer to handles, thermal shock breakage of glassware, vacuum-flask failure making the outer wall hot, temperature limits of silicone.
• Structure and stability: loose riveted handles, warped bases, knife blocks or spice racks that tip over.
• Children's tableware: EN 14350-1:2004 (child drinking equipment, general and mechanical requirements) is cited in Implementing Decision (EU) 2026/901, so conformity gives a presumption of safety for the risks it covers. Small parts that can detach and cause choking need particular attention.
• Pressure cookers: stove-top pressure cookers generally fall under the Pressure Equipment Directive 2014/68/EU and need conformity assessment under it, not just the GPSR.

For each risk, record the measure taken (design, test, warning) and its basis, and keep it in the technical file with the DoC and migration reports for 10 years (Article 9(3)). The Commission's guidelines add that variants with different colours, compositions or functions that may affect safety are separate products needing their own documentation, for example the same food box with a new colour masterbatch or a new resin supplier. See GPSR technical documentation and risk assessment.

Labels and listings: combining both sets of information

For online sales, GPSR Article 19 requires the listing to show the manufacturer and responsible person details, a picture and type identifying the product, and warnings or safety information. Put use restrictions such as "not for microwave use" in the listing too, so buyers do not use the product in the wrong way. Our sister tool gpsrtools.com can draft the GPSR label; add the food contact indication and check each line. Platform steps are in GPSR information you must show online. Food contact problems are usually notified through RASFF, the rapid alert system for food and feed, while mechanical and heat hazards go through Safety Gate. Accidents causing death or serious harm to health must be notified through the Safety Business Gateway under GPSR Article 20.