On September 23, 2020, the European Commission issued Regulation (EU) 2020/1322  amending Regulation (EC) No 1881/2006 as regards maximum levels of 3‐monochloropropanediol (3-MCPD), 3-MCPD fatty acid esters and glycidyl fatty acid esters in certain foods.

3-MCPD and its fatty acid esters are process contaminants which can be formed during the refinement process of vegetable oils and have been shown to be genotoxic carcinogens. For most consumers, the consumption level of 3-MCPD in food is safe, but there are potential health risks in infants and young children with high consumption levels, especially infants who only consume formula milk powder.

It was therefore considered appropriate to establish maximum levels for the presence of 3-MCPD and its fatty acid esters in vegetable oils and fats placed on the market for the final consumer or for use as an ingredient in food.

Given the possible health concern for infants and young children, stricter maximum levels for vegetable oils and fats, destined for the production of baby food, processed cereal-based food, infant formula and follow on formulas for infants and young children have been set.

Furthermore, it has recently become evident by scientific publications and occurrence data received, that fish oil and oils from other marine organisms can contain high levels of glycidyl fatty acid esters and 3-MCPD and its fatty acid esters. Therefore, a maximum level for glycidyl fatty acid esters and 3-MCPD and its fatty acid esters in fish oil and oils from other marine organisms has been set.

Note: As virgin olive oils do not contain glycidyl fatty acid esters, 3-MCPD and its fatty acid esters, it is appropriate that neither these new maximum levels for 3-MCPD and its fatty acid esters or the existing maximum level for glycidyl fatty acid esters apply to virgin oils

The new maximum levels will apply from 1^st January 2021 but products not complying with the new maximum levels which are placed on the market before that date will be allowed to remain on the market until their date of minimum durability or use-by-date. However, the regulation states that given that glycidyl fatty acid esters are genotoxic carcinogens, they should only be allowed to remain on the market for a limited period.