Guide: BfR XXXVI/2 and EU Regulation 1935/2004 – What You Need to Know

BfR XXXVI/2 – Technical Guidance Supporting EU Regulation

BfR stands for Bundesinstitut für Risikobewertung (German Federal Institute for Risk Assessment), Germany’s federal scientific institute responsible for risk assessment in areas including food safety and consumer protection.

BfR XXXVI/2 is a recommendation covering paper and board intended specifically for baking applications. EU Regulation 1935/2004, by contrast, is a legally binding legislation that applies throughout the European Union and governs all materials and articles intended to come into contact with food.

The Regulation covers not only paper and board, but also plastics, metals, glass and other food-contact materials. BfR XXXVI/2 complements the Regulation by identifying substances considered suitable for use in the manufacture of baking papers and boards, helping manufacturers demonstrate compliance with the requirements of EU Regulation 1935/2004.

What Does EU Regulation 1935/2004 Require?

EU’s Food Contact Regulation (1935/2004) is the overarching framework governing Food Contact Materials (FCMs) within the European Union. Its core requirement is that, under normal conditions of use, materials must not transfer substances to food in quantities that could:

• pose a risk to human health;
• bring about an unacceptable change in the composition of the food; or
• adversely affect the taste or odour of the food.

Read the full Regulation

How BfR XXXVI/2 Works

BfR XXXVI/2 provides guidance on substances considered suitable for paper and board used in baking applications and is intended to support compliance with EU Regulation 1935/2004.

Importantly, it is not a list of prohibited substances. Rather, it identifies materials and components that are regarded as appropriate and safe for use in baking papers and boards. In practical terms, it serves as a valuable reference for manufacturers seeking to develop compliant products.

Among other requirements, paper and board intended for baking must be capable of withstanding temperatures of at least 220°C during use without degrading or losing their intended functionality.

Read the full BfR XXXVI/2 recommendation

Avoid Compliance Issues and Market Risks

For brand owners, manufacturers and distributors, failing to use paper that meets the principles set out in BfR XXXVI/2 can lead to significant challenges.

Beyond the obvious risks to consumer health and brand reputation, there may also be regulatory consequences. While BfR XXXVI/2 itself is a recommendation rather than legislation, products that fall outside its guidance may face increased scrutiny regarding compliance with EU Regulation 1935/2004.

Because BfR XXXVI/2 is widely recognised as an important benchmark for the responsible manufacture of baking papers, disregarding its recommendations can create unnecessary compliance risks. Potential consequences of non-compliance with EU Regulation 1935/2004 may include sales restrictions, product withdrawals or market recalls.

In addition, if products are marketed using claims such as “PFAS-free” and testing subsequently demonstrates otherwise, companies may also face action relating to misleading marketing claims.

To avoid risks and maintain credibility as a baking paper distributor, ensure your requirements are clearly communicated to suppliers. Always require documented compliance with BfR XXXVI/2 and/or EU Regulation 1935/2004, which reputable producers are expected to meet.

Nordic Paper’s Approach to BfR XXXVI/2 and EU Regulation 1935/2004

All natural greaseproof papers manufactured by Nordic Paper comply with both the recommendations set out in BfR XXXVI/2 and the requirements of EU Regulation 1935/2004.

The grease-resistant properties of our papers are achieved through a natural process that requires no harmful or questionable additives. This allows us to deliver high-performance greaseproof paper without compromising food safety or food quality.

"For us, this is simply a given. We take great pride in both the quality of our papers and the way we achieve it. Every Nordic Paper product stands as a guarantee of purity and food safety," says Henrik Kjellgren, Product Manager.

Learn more about our Natural Greaseproof papers