New EU Regulation on the way for Mineral Oil Hydrocarbons (MOAH) in food?
Mineral Oil Hydrocarbons (MOAH)
The European Commission has expressed its intention with the document SANTE PLAN 2023/2345 to amend Regulation (EU) 2023/915 to regulate maximum levels of Mineral Oil Hydrocarbons (MOH) in food. These draft measures are intended to protect public health from the potential harmful effects of MOH, which can occur in food due to contamination from various sources such as machine lubricants, processing aids and environmental sources. MOH are divided into MOSH (Mineral Oil Saturated Hydrocarbons) and MOAH (Mineral Oil Aromatic Hydrocarbons).
Key Points:
- Health Risks: MOAH can have genotoxic carcinogenic properties, while some MOSH can accumulate in human tissue and cause liver damage.
- Maximum Levels: The draft regulations set maximum levels for MOAH based on the ALARA ("As Low As Reasonably Achievable") principle.
- Monitoring and Adjustments: Food producers and other stakeholders are urged to monitor the presence of MOH and take measures to prevent contamination.
In the meantime, three different options have been proposed in the SANTE PLAN 2023/2345. Below you will find a list of the maximum levels in the latest version (still in a draft form).
Proposed maximum levels for MOAH (mg/kg)
| Section 5.5 | MOAH (≥ C10 to ≤ C50) in Food Categories | Max Content (mg/kg) |
|---|---|---|
| 5.5.1 | Oilseeds and Oil Fruits | 2,0 |
| 5.5.2 | Animal and Vegetable Fats and Oils (excluding those derived from cocoa beans or milk) | - |
| 5.5.2.1 | Corn, rapeseed, sunflower, soybean, linseed, and olive oils, excluding olive pomace oil as described under 5.5.2.4 | 2,0 |
| 5.5.2.2 | Oils and fats other than those specified in 5.5.2.1, 5.5.2.3, 5.5.2.4, 5.5.2.5, and 5.5.8, and those produced from cocoa beans and milk | 4,0 (effective from January 1, 2026), 2,0 (effective from January 1, 2028) |
| 5.5.2.3 | Black currant seed, grape seed, peanut, sesame, argan, cottonseed, rice oil, and coconut oil/fat | 6,0 (effective from January 1, 2026), 4,0 (effective from January 1, 2028), 2,0 (effective from January 01, 2030) |
| 5.5.2.4 | Olive pomace oil | 10,0 (effective from January 1, 2026), 5,0 (effective from January 1, 2028), 2,0 (effective from January 1, 2030) |
| 5.5.2.4 | Fish oil and essential oils | 10,0 (effective from January 1, 2026), 5,0 (effective from January 1, 2030) |
| 5.5.3 | Nuts | 2,0 |
| 5.5.4 | Legumes | 0,50 |
| 5.5.5 | Grains* | 0,50 |
| 5.5.6 | Milk | 0,50 |
| 5.5.7 | Cocoa Beans | 2,0 |
| 5.5.8 | Sugar | 0,50 |
| 5.5.9 | Spices | 5,0 |
| 5.5.10 | Infant formula (3), follow-on milk (3), toddler milk (4), foods for special medical purposes intended for infants and young children (3), infant formula (3), processed cereal-based foods for infants and young children (3), and beverages for infants and young children marketed and labeled as such. | - |
| 5.5.10.1 | Products with less than 4% fat | 0,50 |
| 5.5.10.2 | Products with more than 4% but less than 50% fat | 1,0 |
| 5.5.10.3 | Products with more than 50% fat | 2,0 |
| 5.5.11 | Food Supplements | 10,0 (effective from January 1, 2026), 5,0 (effective from January 1, 2030) |
*The maximum level shall not apply to cereals used for the production of beer or distillates, provided that the remaining cereal residue is not marketed to the final consumer as food. If the remaining grain residue is marketed to the final consumer as food, the maximum level shall apply, taking into account Article 3(1) and (2).
Furthermore, it is proposed to amend Article 3 of Regulation (EU) 2023/915 to clarify how to calculate the maximum levels of MOAH in dried, diluted, processed and compound foods. MOAH contaminants introduced during further processing of a product should not be included. Only the concentrations of MOAH in the original ingredients and the concentration or dilution of contaminants during the production process should be included. For ingredients with no established maximum, a concentration of 0.50, 1.0 or 2.0 mg/kg should be used, depending on the fat content.
It is important to note that this document does not yet officially represent the position of the European Commission. During the drafting and review of SANTE plans, various industry groups and stakeholders provide feedback and input. The draft is then reviewed by relevant EU committees, such as the Standing Committee on Plants, Animals, Food and Feed, before possible incorporation into law.
Thus, several changes and adjustments may still occur before the regulations can take effect on Jan. 1, 2026. Moreover, food producers will have time to adjust to these new standards, while products with a long shelf life that were marketed before this date will be allowed to remain.
Moreover, the draft regulation was strongly criticized by the market (food manufacturers and industry organizations such as Food Drink Europe).
Main points of critism:
Based on thorough investigations and controls during the manufacturing process and a large number of analysis results, contamination with MOAH - contrary to the claims of DG SANTE - currently appears to be unavoidable.
The proposed maximum levels are not achievable for a considerable number of products (especially for herbs, spices and tea) as natural ingredients interfere with the MOAH analysis.