Food Contact Material Regulations – Mercosur Region

Mercosur (Mercado Común del Sur), the Common Market of the South, is the largest trading bloc in South America, comprising Argentina, Brazil, Paraguay and Uruguay. Its associate countries include Bolivia, Chile, Colombia, Ecuador, Guyana, Peru and Suriname.

The general safety of all FCM and FCA is governed by GMC Resolution Number 3/92, which requires these products to conform to requirements such as general safety and established limits for overall and specific migrations. (GMC Resolutions are approved by the Groupo Mercado Común, the Common Market Group, and must be transposed into national legislation.)

GMC Resolution 32/07 & 02/12

Food contact plastics are governed by GMC Resolution Numbers 32/07 (positive list of additives), 02/12 and amendment 19/21 (positive list of monomers and polymers), 56/92 and amendment 20/21 (general provisions and overall migration limits), and 32/10 (framework test conditions). These Resolutions are based on Regulation (EU) No. 10/2011 from the European Union (EU).

GMC Resolution No. 32/07 specifies the positive list of additives that may be used in the manufacture of food contact plastics, and GMC Resolution No. 02/12 specifies the list of monomers, polymers and other starting substances that may be used in the manufacture of food contact plastics and their restrictions. The use of simulants, including substitutes for olive oil, and testing conditions for temperature and duration is similar to those from Regulation (EU) 10/2011.

GMC Resolutions for some common food contact materials and article

GMC Resolution No.	Food contact material and article/remark
3/92	Overall framework
55/92	Glass and ceramics
56/92 & 20/21	General provisions for plastics
16/93	Recycled plastics
54/97	Elastomers
27/99	Adhesives
55/99	Polymeric and resinous coatings
46/06	Metals and alloys and coatings
32/07	Positive list of additives for plastics
32/10	Plastics
15/10	Colorants and pigments in plastics
02/12 & 19/21	Positive list of monomers and polymers for plastics
40/15 & 21/21	Cellulose (paper and board)
41/15	Cellulosic materials for cooking and hot filtration
42/15	Cellulosic materials for cooking or ovens
39/19	Positive list of additives for plastics and polymeric coatings

Specific measures affecting bisphenol A (BPA)

Mercosur regulates the migration of BPA in food contact plastics and epoxy coating materials. It also prohibits BPA in feeding bottles and similar articles for infants and children up to three years of age. BPA is also prohibited in certain food contact plastics intended for young children in some Central and South American countries.

Jurisdiction	Citation	Scope of BPA Restriction	Requirement
Argentina	Disposición 2269/2012	Polycarbonate baby bottles	Prohibited
Brazil	Resolution RDC No. 56 of 2012 – amended by Resolution RDC No. 589 of 2021	Feeding bottles and similar articles for infants and children up to 3 years old	Prohibited
Costa Rica	Decree 35904-S, Gazette 76, April 2010	Food contact materials and articles manufactured from polycarbonates for children	Prohibited
Ecuador	Resolution 29 of October 31, 2011	Polycarbonate bottles for children up to 18 months	Prohibited

Food contact testing

SGS has the expertise to help manufacturers and suppliers of FCM achieve compliance with markets around the globe. Our technical experts have extensive experience of testing materials and articles for many markets. We offer the full range of FCM testing, including migration tests, along with expert advice on emerging regulations, compliance issues and documentation review. Our experience can ensure your products meet the appropriate territorial regulations for food contact materials and help pave the way for compliance.