New regulations affecting wooden table or kitchen items made from bamboo

By 6 October, 2020 News

From the Ministry of Health, the Order of January 20, 1994, in which the products subject to sanitary control by Foreign Health were obtained, has been modified, now including the items included in the NC codes 4419 12 00 and 4419 19 00, therefore, the AEAT will require sanitary control for its dispatch. These codes correspond to “wooden table or kitchen items made from bamboo”. According to the European Commission, bamboo-based food contact materials, due to their manufacturing process, are included within the scope of Rgto. 10/2011, since plastic polymers are used to obtain the final product. In this case, the substances used in the manufacture of this type of plastic kitchenware must be authorized and included in Annex I of Regulation (EU) 10/2011 and bamboo or its derivatives are not included.

Therefore, in the case of items made 100% with bamboo, since there is no regulation that regulates it, the Health Service should issue a No Intervention. However, those items that contain both bamboo or bamboo-based extracts and plastic material will be regulated by Regulation (EU) 10/201, and therefore their import will not be authorized. From what appears from this statement, bamboo products, combined with plastics that come into contact with food, will be rejected by Health, because Rgto. 10/2011 in its annex I does not consider bamboo or its derivatives as an authorized product. It will affect the products of the statement and those of the 392410 or 3923 if they contain bamboo or derivatives.

This has taken place as a result of the official controls applied in the Union where they show the increase in recent years of the introduction into the internal market of materials in contact with food (CAM) made from plastic to which they have been added components derived from bamboo (mainly bamboo flour or fiber). The investigations carried out by the MS have resulted in considering as non-compliant the mixture of any material or substance within the scope of Regulation 10/2011 on plastics, with bamboo or bamboo derivatives. This is due to the fact that no substance from bamboo is included among the authorized substances in Annex I of the aforementioned regulation. Apart from this, a considerable number of RASFF alerts have been generated that affect MCAs consisting of mixtures of melamine with bamboo.

For all of the above, the Sub-Director has given us instructions to intervene and apply new frequencies of identity and physical controls both to the items of NC 3924 10 00, plastic MCA, on which we already intervened, as well as to items with NC 4419 12 00 and 4419 19 00, on which we were not previously asked to intervene. For these last two consignments, a CHEDD must be presented, showing an authorized importer, invoice, BL, composition and, for now, a declaration signed by the person interested in the cargo or the importer indicating that the consignment meets the requirements of the Regulation 1935/2004 OF THE EUROPEAN PARLAMENT AND OF THE COUNCIL, of October 27, 2004, on materials and objects intended to come into contact with food and by which Directives 80/590 / EEC and 89/109 / EEC are repealed.