Food can be contaminated with mineral oil, as has been shown, among other things, by studies within the framework of a research project funded by the Federal Ministry of Food and Agriculture (Extent of migration of undesirable substances from packaging materials made of waste paper to food - Extra report on the analysis of ‘119 foods’ on undesirable substances from waste paper, funding code 2809HS012). In addition to other sources of entry, a major cause of this is also FCM made of paper, paperboard or cardboard, especially when made of recycled paper / waste paper.

As a core element, the draft Ordinance provides for an obligation to use a functional barrier in the production / placing on the market of food contact materials and articles (FCM) made of waste paper. This is to prevent the transfer of mineral oil aromatic hydrocarbons (MOAH) in order to take consumer health protection into account in this regard. Certain possibilities for exemption from the barrier obligation are provided for. The FCM in question can also be manufactured / placed on the market without a functional barrier if the food business operator who uses the FCM explicitly declares a corresponding waiver to the manufacturer or the entity placing the FCM on the market. In these cases, the food business operator must take suitable measures/requirements to ensure that the MOAH transfer is below the provided detection limit. If, moreover, the manufacturer/distributor of the FCM can take other measures/requirements to ensure that no MOAH are transferred from the FCM in question to food, the barrier obligation also does not apply.