SCIENTIFIC OPINION. EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) 2, 3

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1 EFSA Journal 2014;12(11):3909 SCIENTIFIC PININ Scientific pinion on the safety assessment of the substance, dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ωhydroxypoly, CAS No , for use in food contact materials 1 ABSTRACT EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) 2, 3 European Food Safety Authority (EFSA), Parma, Italy This scientific opinion of the EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) deals with the risk assessment of dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly, CAS No , food contact materials substance No 871 for use as a polymeric antistatic additive in hydrophobic plastics (mainly polyethylene and polypropylene) at a maximum used level up to 20 % w/w. The additive is a self-standing polymer and all starting substances used for its manufacture have already been evaluated from the toxicological point of view and they are listed in the Annex I of Regulation (EU) No 10/2011. Migration tests using food simulants 10 % ethanol and poly(2,6-diphenyl-p-phenylene oxide), at test conditions of 10 days at 40 C, gave no detectable migration of the oligomeric fraction < 1000 Da (limit of detection ca. 18 μg/6 dm2). Considering the absence of genotoxicity of the starting substances used and of the additive itself, the additive does not give rise to safety concerns. The CEF Panel concluded that the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydroω-hydroxypoly (oxy-1,2-ethanediyl) and propene, is not of safety concern if it is used as an additive in polyolefins at levels of up to 20 weight %, in contact with dry foods as represented by simulant E (poly(2,6- diphenyl-p-phenylene oxide) in Regulation (EU) No 10/2011. The contact conditions should be at ambient temperature or below. Migration of the low molecular weight oligomeric fraction less than 1000 Da should in total not exceed 50 µg/kg food. European Food Safety Authority, 2014 KEY WRDS dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly (oxy-1,2-ethanediyl) and 1-propene, CAS No , FCM No 871, food contact materials, safety assessment, evaluation 1 n request from the Food Standards Agency, Question No EFSA-Q , adopted on 7 November Panel members: Claudia Bolognesi, Laurence Castle, Jean-Pierre Cravedi, Karl-Heinz Engel, Paul Fowler, Roland Franz, Konrad Grob, Rainer Gürtler, Trine Husøy, Wim Mennes, Maria Rosaria Milana, André Penninks, Vittorio Silano, Andrew Smith, Maria de Fátima Poças, Christina Tlustos, Fidel Toldrá, Detlef Wölfle and Holger Zorn. Correspondence: fip@efsa.europa.eu 3 Acknowledgement: The Panel wishes to thank the members of the Working Group on Food Contact Material: Mona-Lise Binderup, Laurence Castle, Riccardo Crebelli, Alessandro Di Domenico, Nathalie Gontard, Ragna Bogen Hetland, Martine Kolf-Clauw, Eugenia Lampi, Maria Rosaria Milana, Maria de Fátima Poças, Philippe Saillard, Kettil Svensson and Detlef Wölfle for the preparatory work on this scientific opinion. Suggested citation: EFSA CEF Panel (EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing aids), Scientific pinion on the safety assessment of the substance, dodecanoic acid, 12-amino-, polymer with ethene, 2,5- furandione, α-hydro-ω-hydroxypoly, CAS No , for use in food contact materials. EFSA Journal 2014;12(11):3909, 9 pp. doi: /j.efsa Available online: European Food Safety Authority, 2014

2 SUMMARY Within the general task of evaluating substances intended for use in materials in contact with food according to the Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 ctober 2004 on materials and articles intended to come into contact with foodstuffs, the EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) Panel received a request from the Food Standards Agency, UK for the safety assessment of the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly (oxy-1,2-ethanediyl) and 1-propene following a corresponding application submitted on behalf of Toyota Tsusho Europe S.A. The safety evaluation of dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ωhydroxypoly was requested for use as a polymeric antistatic additive in hydrophobic plastics (mainly polyethylene and polypropylene) at a maximum used level up to 20 % w/w. Typical products containing the antistatic additive will include bulk food storage containers for dry foods, flexible woven fibre intermediate bulk containers for storing and transporting dry flowable products, liner films and dry food conveyance equipment. Products containing the antistat will only be used at ambient temperatures. Data on two commercial grades were provided, both of them are self-standing polymers with the weight-average molecular weight 33 kda and 64 kda and a content of low molecular weight species <1000 Da ca. 0.9 % and 0.6 % respectively. The purity of the two additive grades is > 99 %. verall migration was determined using 10 % ethanol for 10 days at 40 C. After correction for the migration from a control 80 µm low density polyethylene (LDPE) film that did not contain the additive (3 mg/6 dm 2 ) the overall migration was 21 mg/6 dm 2 from a film with 20 % of the first commercial grade and it was less than the precision of the analytical method (<3 mg/6 dm 2 ) for a film containing 20 % of the second commercial grade. Migration tests with the simulants 10 % ethanol and poly (2,6-diphenyl-p-phenylene oxide (Tenax) for 10 days at 40 o C were conducted for films of LDPE containing 20 % (w/w) of both commercial grades of the substance and a thickness of 80 µm. No migration of oligomeric substances was detected at a limit of detection estimated to be 18 μg/6 dm 2. All starting substances used for the manufacturing of the substance have already been evaluated from the toxicological point of view and they are listed in the Annex I of the Regulation (EU) No 10/2011. For the purpose of this evaluation, no further toxicological data are necessary according the food contact materials (FCM) Guidance. Nevertheless, two in vitro genotoxicity studies in Salmonella typhimurium (strains TA 98, TA 100, TA 1535 and TA 1537), and Escherichia coli (strain WP2uvrA) with and without metabolic activation were provided. The additive is not considered mutagenic in these tests. Considering the low migration levels and the absent of genotoxicity of the starting substances used and the substance itself, the additive does not give rise to safety concerns. Having considered the above-mentioned data, the CEF Panel concluded that the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly (oxy-1,2-ethanediyl) and propene, is not of safety concern if used as an additive in polyolefins at levels of up to 20 % (w/w), in contact with dry foods as represented by simulant E (poly(2,6-diphenyl-p-phenylene oxide) in Regulation (EU) No 10/2011. The contact conditions should be at ambient temperature or below. Migration of the low molecular weight oligomeric fraction less than 1000 Da should in total not exceed 50 µg/kg food. EFSA Journal 2014;12(11):3909 2

3 TABLE F CNTENTS Abstract... 1 Summary... 2 Background as provided by the legislation... 4 Terms of reference as provided by the legislation... 4 Assessment Introduction General information Data available in the dossier used for this evaluation Evaluation Non-toxicological data Toxicological data... 7 Conclusions... 8 Documentation provided to EFSA... 8 References... 8 Abbreviations... 9 EFSA Journal 2014;12(11):3909 3

4 BACKGRUND AS PRVIDED BY THE LEGISLATIN Before a substance is authorised to be used in food contact materials and is included in a positive list EFSA s opinion on its safety is required. This procedure has been established in Articles 8 and 9 of the Regulation (EC) No 1935/ of the European Parliament and of the Council of 27 ctober 2004 on materials and articles intended to come into contact with food. According to this procedure the industry submits applications to the Member States competent Authorities which transmit the applications to EFSA for their evaluation. The application is supported by a technical dossier submitted by the industry following the Scientific Committee on Food (SCF) guidelines for the presentation of an application for safety assessment of a substance to be used in food contact materials prior to its authorisation (EC, 2001). In this case, EFSA received an application from the Food Standards Agency, UK, requesting the evaluation of the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α- hydro-ω-hydroxypoly with the CAS No and the European Commission food contact materials (FCM) substance No 871. TERMS F REFERENCE AS PRVIDED BY THE LEGISLATIN According to Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food EFSA is asked to carry out an assessment of the risks related to the intended use of the substance and to deliver a scientific opinion. 4 Regulation (EC) No 1935/2004 of the European parliament and of the council of 27 ctober 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC. J L 338, , p EFSA Journal 2014;12(11):3909 4

5 ASSESSMENT 1. Introduction The European Food Safety Authority was asked by the Food Standards Agency, UK, to evaluate the safety of dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly with the CAS No , and FCM substance No 871. The request has been registered in the EFSA s register of questions under the number EFSA-Q The dossier was submitted on behalf of Toyota Tsusho Europe S.A. 2. General information According to the applicant, the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5- furandione, α-hydro-ω-hydroxypoly is a polymeric antistatic additive to be used in hydrophobic plastics (mainly polyethylene and polypropylene) to reduce the possibility of static charge build-up and potential dust explosions during the handling, packing, storage and use of fine particulate dry foods. Applicable foods include grain, sugar, artificial sweeteners, starch, spices and food flavours. Typical products containing the antistatic additive will include bulk food storage containers for dry foods, flexible woven fibre intermediate bulk containers for storing and transporting dry flowable products, liner films and dry food conveyance equipment. There is no requirement to use the antistatic additive where there is no inherent explosion risk i.e. with moist or aqueous foods or in conventional food packaging. Products containing the antistat will only be used at ambient temperatures. In most applications the surface area to mass of food ratio will be much less than the conventional 6 dm 2 /kg. Also, many product applications will be repeat-use. Use levels depend on the surface resistivity required; for polyolefin films a use level of 7-10 % w/w would be typical and a likely maximum use level is 20 % w/w. The substance has not been evaluated by SCF or EFSA in the past. However, the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ωhydroxypoly(oxy-1,2-ethanediyl) and propene is a polymeric additive manufactured from five starting substances which are listed in Regulation (EU) No 10/ Propylene (FCM Substance No 275) and ethylene (FCM Substance No 125) are authorised as monomers for plastic materials and articles intended to come into contact with food (Regulation (EU) No 10/2011) with no restrictions. Maleic anhydride (FCM Substance No 234) is authorised as a monomer for plastic materials and articles intended to come into contact with food (Regulation (EU) No 10/2011) with a specific migration limit (SML) of 30 mg/kg, expressed as maleic acid. 12-Aminododecanoic acid (FCM Substance No 369) is authorised as a monomer for plastic materials and articles intended to come into contact with food (Regulation (EU) No 10/2011) with a SML of 0.05 mg/kg. Polyethylene glycol (FCM Substance No 638) is authorised as both a monomer and as an additive for plastic materials and articles intended to come into contact with food (Regulation (EU) No 10/2011) with no restriction. 5 Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food Text with EEA relevance. J L 12, , p EFSA Journal 2014;12(11):3909 5

6 3. Data available in the dossier used for this evaluation Non-toxicity data: Data on identity Data on physical and chemical properties Data on intended uses and authorisation of the substance Data on solvent extractables and molecular weight profiling Data on migration into food simulants Toxicity data: Gene mutation assay in bacteria 4. Evaluation 4.1. Non-toxicological data Chemical structure: R y Me z CH HC n x y Me z R Where R = or N (CH 2 ) 11 CH and typical x = 4~5, y = 1~2, z = 45~50 and n = 80 The starting substances are reacted in different proportions to give products with differing molecular weight and electrical conductivity. Data were provided on two commercial grades as being representative. Information on their formulation details was provided in confidence. The weightaverage molecular weight of the first commercial grade is 33 kda and the additive has a content of low molecular weight species <1000 Da estimated by gel permeation chromatography with refractive index detection (GPC-RI) analysis to be ca. 0.9 %. For the second commercial grade the respective values are 64 kda and 0.6 %. Both additive grades are self-standing polymers and their melting points are around 160 o C and 135 o C for the first and the second commercial grade, respectively. The additive is stable in air with no decomposition seen by thermogravimetric analysis (TGA) up to 240 o C which is higher than the processing temperatures of the polyolefins for which the additive is intended to be used. No log Pow value was provided but the additive is medium polar in character as evidenced by a substantial fraction, from 1 to 9 %, being soluble in solvents such as water, methanol, ethanol and tetrahydrofuran. The purity of the two additive grades is > 99 % when estimated by gel permeation chromatography (GPC). A range of volatile impurities were released and were detected by gas chromatography mass spectrometry (GC-MS) when granules of each grade of polymer additive were heated to 75 o C. 1,4- Dioxane was identified as the major volatile impurity. ther substances detected were of significantly lower concentration and were largely aliphatic and aromatic hydrocarbons. The volatile impurities can be expected to be reduced in concentration on thermal processing of the plastics containing the additive. None of the volatile impurities associated with the additive were found in the migration tests EFSA Journal 2014;12(11):3909 6

7 using Tenax or 10 % ethanol (see below). Specifically, no 1,4-dioxane migration was detected from films containing 20 % of both commercial grades, with a detection limit in the range of 0.3 to 0.6 μg/6 dm 2 for the different tests conducted. In addition to the migration data discussed here, other migration simulants were employed by the applicant, including 3 % acetic acid and 95 % ethanol and using other test conditions too, such as heating to 70 C. Considering the intended applications of FCMs containing this additive, these data are not described here, since they are not directly relevant. The most relevant simulants are Tenax and, to a much lesser extent, 10 % ethanol which can be considered to be too severe (i.e. overly conservative). No migration data on repeated use were presented. verall migration was determined using 10 % ethanol for 10 days at 40 o C. After correction for the migration from a control 80 µm low density polyethylene (LDPE) film that contained no additive (3 mg/6 dm 2 ) the overall migration was 21 mg/6 dm 2 from a film with 20 % of the first commercial grade and it was less than the precision of the analytical method (<3 mg/6 dm 2 ) for a film containing 20 % of the second commercial grade. Concerning the starting substance 12-Aminododecanoic acid, which is listed in the Regulation 10/2011 with a SML, compositional analysis data and migration test data were provided to demonstrate that the SML could be complied with, since migration was not detectable with detection limits in the range of to mg/kg. Concerning the other substance for which there is a specific migration limit, no specific migration data on maleic anhydride were provided. Considering the magnitude of the overall migration value and the relevant SML for this substance (as maleic acid) it can be concluded that the SML could be complied with in actual conditions of use. In migration tests of an 80 µm film of LDPE containing 20 % w/w of the second commercial grade with the simulant 10 % ethanol applied for 10 days at 40 o C, no migration of oligomeric substances was detected. The limit of detection was estimated to be 18 μg/6 dm 2. GC-MS method used was calibrated using the low molecular weight fraction of the additive obtained by ethanol extraction which was then characterised by GPC to estimate the amount of material <1000 Da in the calibration standards used. In later tests by a second laboratory and submitted by the applicant, films containing either 20 % of the first commercial grade or 20 % of the second commercial grade were tested for migration of oligomers using 10 % ethanol and Tenax (both 10 days at 40 C). A similar GC-MS method as developed by the first laboratory was used and no migrating oligomers were detected for either simulant. However, no calibration results and no estimation of the detection limit were provided. Nonetheless a method for analysis of the Tenax simulant is available and the method could be made to have similar sensitivity to that supplied by the first laboratory Toxicological data All starting substances used for the manufacturing of the substance have already been evaluated from the toxicological point of view and they are listed in the Annex I of the Regulation (EU) No 10/2011. For the purpose of this evaluation, no further toxicological data are necessary according to the FCM Guidance. Nevertheless, the substance was tested for potential induction of gene mutations in Salmonella typhimurium (strains TA 98, TA 100, TA 1535 and TA 1537), and Escherichia coli (strain WP2uvrA). No increases in the number of revertants were recorded in any bacterial strain with and without metabolic activation. Based on these data there is no indication for mutagenicity of this substance. EFSA Journal 2014;12(11):3909 7

8 Considering the above data, the low migration levels and the absence of the genotoxicity of the starting substances used the additive does not give rise to safety concerns. CNCLUSINS Having considered the above-mentioned data, the CEF Panel concluded that the substance dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly (oxy-1,2-ethanediyl) and propene, is not of a safety concern for the consumer if it is used as an additive in polyolefins at levels of up to 20 weight %, in contact with dry foods as represented by Simulant E (poly(2,6- diphenyl-p-phenylene oxide) in Regulation (EU) 10/2011. The contact conditions should be at ambient temperature or below. Migration of the low molecular weight oligomeric fraction less than 1000 Da should in total not exceed 50 µg/kg food. DCUMENTATIN PRVIDED T EFSA 1. Dodecanoic acid, 12-amino-, polymer with ethene, 2,5-furandione, α-hydro-ω-hydroxypoly (oxy- 1,2-ethanediyl) and 1-propene. May Submitted on behalf of Toyota Tsusho Europe S.A.. REFERENCES EC (European Commission), Guidelines of the Scientific Committee on Food for the presentation of an application for safety assessment of a substance to be used in food contact materials prior its authorization. EFSA Journal 2014;12(11):3909 8

9 ABBREVIATINS CAS Chemical Abstracts Service CEF EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids EC European Commission EU European Union FCM Food Contact Materials EFSA European Food Safety Authority GC-MS Gas chromatography mass spectrometry GPC Gel permeation chromatography GPC-RI Gel permeation chromatography with refractive index detection LD Limit of detection LDPE Low density polyethylene Pow Partition coefficient octanol-water SCF Scientific Committee on Food SML Specific migration limit TGA Thermogravimetric analysis EFSA Journal 2014;12(11):3909 9