Starting January 1, 2026, Denmark is drawing a hard line in the sand for food contact materials—and if your supply chain touches the Danish market, consider this your wake-up call.
While most of Europe debates PFAS restrictions, Denmark has already made the decision. The draft Executive Order doesn't just shuffle compliance requirements around—it fundamentally changes who bears the enforcement burden and what happens when you can't produce documentation on demand. This is regulatory teeth, not theater.
Denmark's draft Executive Order (published June 13, 2025) consolidates national FCM requirements while implementing two enforcement mechanisms that deserve your immediate attention:
Denmark is banning per- and polyfluorinated alkylated substances (PFAS) in paper and cardboard FCMs outright—unless you can demonstrate a functional barrier prevents migration into food (§12).
Why this matters: This isn't just about grease-resistant burger boxes. PFAS have been workhorses in food packaging for their water and oil repellency. While the EU has been circling PFAS restrictions for years, Denmark is pulling the trigger at the national level—ahead of broader EU harmonization.
The functional barrier exception: It exists, but the burden of proof is on you. Expect Danish authorities to scrutinize barrier efficacy claims, particularly for hot, fatty, or acidic foods where migration risk escalates.
Here's where Denmark diverges meaningfully from the baseline EU framework: all FCMs entering the Danish market before the retail stage must be accompanied by a Declaration of Conformity (§5). This isn't optional—it's enforceable with fines and, in serious cases, up to two years imprisonment for gross negligence causing health risks (§14).
The practical implication: If you're a distributor, importer, or B2B supplier in Denmark, every shipment needs documented DoC compliance. Ceramics get additional scrutiny—they require DoCs even at retail (§5.3), complete with lab test results for lead and cadmium migration upon request.
The Danish Veterinary and Food Administration can demand background documentation at any time. Translation: your compliance files need to be audit-ready, not theoretical.
While PFAS bans grab headlines, three under-discussed aspects deserve strategic focus:
Lead and cadmium limits on ceramics, enamelware, and glass remain unchanged from prior Danish law—but enforcement is tightening. Migration limits are strict (e.g., 0.3 µg/dm² for non-fillable items), and the analytical method requirements (Annex 6) demand precision instrumentation with sub-microgram detection limits.
Regenerated cellulose films face highly specific compositional restrictions (Annex 4). If you're using these materials—common in sausage casings and twist-wrap applications—the permitted additives list is exhaustive and non-negotiable. Surface-treated variants must comply with both cellulose film rules and plastic regulations (EU 10/2011).
The withdrawal obligation (§13) is explicit: if you suspect non-compliance in products you've released to market, you must initiate withdrawal immediately and notify authorities. This isn't about waiting for test results—suspicion triggers action.
Denmark's move reflects a familiar pattern: national governments implementing stricter FCM standards while Brussels deliberates. France famously banned bisphenol A in 2015, years before EU action. Belgium has long maintained one of Europe's toughest regimes for primary aromatic amines in plastics.
What makes Denmark's approach notable is the enforcement architecture—not just substance bans, but mandatory documentary proof at every supply chain stage except final retail. This creates compliance friction by design, pushing the burden upstream to manufacturers and importers rather than relying on market surveillance alone.
For companies operating across multiple EU markets, Denmark's requirements mean you can't simply rely on EU Regulation 1935/2004 compliance. You need market-specific compliance mapping, particularly for:
If you're supplying FCMs to Denmark:
Denmark may be a small market, but it's increasingly a regulatory testbed. What starts as a national measure often becomes the template for broader EU policy—particularly when it comes to "forever chemicals" like PFAS, where political momentum is accelerating.
The question isn't whether other Member States will follow Denmark's lead. It's how quickly.
Source: Danish Executive Order Draft - Hørings Portalen
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