Consumer Products and Retail E-ssentials

On 19 September 2015, France published Constitutional Council Decision No. 2015-480 QPC of 17 September 2015[1] in the Official Journal of the French Republic (JORF). This decision is the second amendment to the French Law No. 2010-729 of 30 June 2010[2] concerning the ban on bisphenol A (BPA) in the manufacturing, import, export and placement on the market for all packaging, containers or utensils which are intended to come into direct contact with food.

Background

BPA was originally banned in baby bottles in the manufacture, import, export and placement on the market of France under the Law 2010-729 of 30 June 2010. The first amendment was Law No. 2012-1442 of 24 December 2012[3] which was reported earlier in E-ssentials Vol. 91[4]. Law No. 2012-1442 of December 2012 expanded the scope to include all packaging, container or utensil which contained BPA and was intended to come into direct contact with food.

As the marketing of packaging, containers or utensils, which contain BPA and intended to come into direct contact with food, is allowed in many countries, the French Constitutional Council stated the suspension of the manufacture in France and the export from France do not affect the marketing of these products in other countries.  Hence the words "manufacturing" and "export" in the first paragraph of Article 1 of the Law No. 2010-729 of 30 June 2010 were declared invalid.

BPA is still banned in the import and placement on the market of France for any packaging, containers or utensils which are intended to come into direct contact with food.