News Details

On 5 January 2026, Ukraine officially notified the World Trade Organization (WTO) of a draft Order of the Ministry of Health of Ukraine titled “On Approval of the Requirements Restricting the Use of Certain Epoxy Derivatives in Materials and Articles Intended to Come into Contact with Food.”

The draft Order aims to establish regulatory requirements restricting the use of certain epoxy derivatives in food contact materials (FCMs) and is intended to implement the provisions of Commission Regulation (EC) No 1895/2005 of 18 November 2005. The notification has been submitted under the SPS Agreement.

Scope and Market Impact

The proposed requirements apply to materials and articles intended to come into contact with food, including active and intelligent food contact materials and articles, that are manufactured with or contain one or more of the following substances:

• BADGE – 2,2-bis(4-hydroxyphenyl)propane bis(2,3-epoxypropyl) ether, CAS No. 001675-54-3, including certain derivatives.
• BFDGE – bis(hydroxyphenyl)methane bis(2,3-epoxypropyl) ethers, CAS No. 039817-09-9.
• NOGE – other novolac glycidyl ethers.

Manufacturers, importers, converters, and distributors of food packaging, kitchenware, coatings, adhesives, and other food contact products may be impacted.

Key Requirements of the Draft Order

The draft Order introduces restrictions on the use of the above-listed epoxy derivatives in FCMs in order to prevent potential migration into food. The regulation mirrors the compliance framework established by EU law and sets chemical safety requirements for materials placed on the Ukrainian market.

These requirements are designed to ensure that food contact materials do not pose a risk to human health and meet safety standards that are equivalent to those applied in the European Union.

Objective and Rationale

The primary objective is to protect human health and consumer safety. The regulation addresses the potential harmful effects of epoxy resins that may be present in materials and articles intended to come into contact with food.

The notification confirms that the measure is based on sanitary and phytosanitary considerations and is therefore notified under the WTO SPS Agreement.

Legislative Context

The draft Order has been developed in line with the following legal acts and standards:

• Law of Ukraine “On Materials and Articles Intended to Come into Contact with Food.”
• Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products.”
• Commission Regulation (EC) No 1895/2005 of 18 November 2005.

The initiative supports Ukraine’s ongoing alignment with EU food safety legislation.

WTO Notification and International Alignment

By notifying the WTO, Ukraine demonstrates its commitment to regulatory transparency and international trade compliance. The draft Order contributes to the harmonization of Ukrainian food contact material legislation with EU regulatory requirements and international best practices.

Implementation Timeline and Comment Period

The proposed adoption date of the draft Order is yet to be determined. The regulation will enter into force three months after its official publication. Stakeholders have 60 days period from the date of WTO notification to review the draft and submit comments to the Ministry of Economy, Environment and Agriculture of Ukraine. The final deadline is 6 March 2026.