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Plates, cups, jugs, cutlery, storage boxes, kitchen utensils, food packaging: anything that will touch food is a food contact material (FCM), and in the European Union it cannot be placed on the market just because it is cheap and looks good. The most expensive mistake importers make is to assume that a certificate from the Asian manufacturer covers them. It does not. The EU requires the importer’s own Declaration of Conformity and migration tests to European norms, and legal responsibility sits with whoever imports. This article sets out what each reference needs before the goods reach the port.
The legal framework that applies to your goods
The foundation is Regulation (EC) No 1935/2004, the framework for all food contact materials: the material must not transfer its constituents to food in quantities that could endanger health, change the food’s composition, or alter its taste or smell. On top of that framework sit material-specific measures:
- Plastics (cups, boxes, jugs, utensils): Regulation (EU) No 10/2011, with its positive list of authorised substances and migration limits.
- Glazed ceramics (plates, mugs, bowls): Directive 84/500/EEC, which sets the release limits for lead and cadmium from the glaze — a frequent failure point in decorated imported tableware.
- Good manufacturing practice: Regulation (EC) No 2023/2006 (GMP), applicable to every operator, including the importer.
A single container of “assorted tableware” can contain three different materials and therefore three regulatory blocks. There is no single conformity: there is one per material type.
Melamine and “bamboo” ware: handle with extra care
Cups and tableware made of melamine, and products sold as “bamboo” or “bamboo fibre”, are a standing source of EU alerts for migration of formaldehyde and melamine above the limits, especially with hot food and drink. Plastic-melamine articles with added bamboo or other plant fibres used as unauthorised fillers fall, in fact, outside Regulation 10/2011. If your order includes these references, they need specific scrutiny: many are not compliant as they stand, and it is far better to know that before you buy than after.
Why the manufacturer’s LFGB, FDA or GB report does not cover you
Asian manufacturers typically hand over an LFGB (Germany), FDA (United States) or GB (Chinese national standard) test report. These belong to other legal frameworks and do not demonstrate conformity with the European regulation. The EU requires migration testing carried out under the simulants, times and temperatures of Regulation 10/2011 (overall migration and, where relevant, specific migration of individual substances). An LFGB report can be a useful indication, but it does not replace the EU Declaration of Conformity or testing to EU norms. Presenting an LFGB report as if it were EU conformity is exactly what triggers a hold at customs. We cover this in detail in why FDA, LFGB and Chinese GB tests are not valid for EU food contact compliance.
What each reference needs to clear customs
For every model — not for the order “as a batch” — you should hold, before importing: a Declaration of Conformity identifying the material, the applicable specific measure and the intended conditions of use (aqueous / fatty / acidic contact, temperature, repeated use); migration test reports to EU norms from an accredited laboratory, consistent with those conditions; for plastics, information on substances with a specific migration limit (SML) and any dual-use additives or restricted substances; traceability of product and supplier (Reg. 1935/2004, Art. 17); and correct labelling — the glass-and-fork symbol or the wording “for food contact”, plus use instructions where safe use requires them (e.g. “not microwave safe”).
Frequently asked questions
My supplier gave me an LFGB certificate. Do I still need EU testing?
Yes. LFGB is a German methodology under a different legal basis. It may be informative, but EU market access requires a Declaration of Conformity and migration testing under Regulation 10/2011 (for plastics) or the relevant specific measure for the material.
Do I need one Declaration of Conformity for the whole shipment?
No. Conformity is per material and per reference. A mixed shipment of plastic, ceramic and melamine items needs separate conformity documentation for each type.
How ASC Services helps
We prepare the compliance of your imported tableware and food packaging reference by reference: we classify each model by material, identify the norms and tests it needs, review the manufacturer’s reports to see what is usable and what is missing, arrange the missing migration tests to EU norms, and draft the Declaration of Conformity ready to accompany the import. If a product (melamine-bamboo, ceramics exceeding lead limits) is not compliant, we tell you before you buy it. Talk to us through our contact page or explore our consultancy services.