Amendment to Regulation (EU) 2023/915 as regards maximum levels of mineral oil aromatic hydrocarbons (MOAH) in food

Region: Europe

Status: Amendment Under Review

Summary

The draft measure inserts a new subsection 5.5 “Mineral Oil Aromatic Hydrocarbons (MOAH ≥C10 to ≤C50)” into Annex I of Regulation (EU) 2023/915, setting maximum levels for MOAH across a wide range of foods including oilseeds and oils, cereals, dairy, cocoa beans and cocoa products, confectionery and cocoa/chocolate products, and processed/compound foods. MOAH are recognized as a sub‑fraction of mineral oil hydrocarbons (MOH) with potential genotoxic and carcinogenic properties (especially MOAH with three or more aromatic rings), so the Regulation aims to keep exposures “as low as reasonably achievable” by setting strict mg/kg limits that apply regardless of the contamination source (raw materials, processing, additives, packaging, or environment).

For the cocoa sector, the annex is highly material: it sets explicit MOAH maximum levels for cocoa beans, cocoa mass, cocoa powder/fat‑reduced cocoa powder, and for “confectionery, cocoa and chocolate products” grouped by fat/oil content. It also clarifies that cocoa butter is included in the generic “oils and fats” category, with its own MOAH limits and phase‑down schedule. Together, these rules will require upstream controls at cocoa‑bean and cocoa‑butter level, as well as finished‑product MOAH management for chocolate and cocoa‑containing confectionery destined for the EU/EEA market.

As of the upload date of this material (24 April 2026), the draft was submitted to the WTO as notification (NUE930) on 10 March 2026. The deadline for comments is 10 May 2026, and the SCoPAFF (Standing Committee on Plants, Animals, Food and Feed) vote is expected to take place on 13 May 2026.

Scope & Applicability

• Applies as an amendment to Annex I of Regulation (EU) 2023/915 on maximum levels for certain contaminants in food, and thus covers foods placed on the EU market, including imports.

• MOAH maximum levels apply “regardless of the source of the contamination”, i.e. whether contamination arises from raw materials (e.g. contaminated cocoa beans), processing (e.g. lubricants, release agents), food additives, food contact materials (e.g. recycled cardboard), transport or packaging.

  
  

Key Requirement

Key MOAH maximum levels (mg/kg) for cocoa‑relevant categories are as follows:

• Oils and fats – cocoa butter:

  • 4.0 mg/kg from 01/01/2027.

  • 2.0 mg/kg from 01/01/2028.

• Cocoa beans and cocoa products:

  • Cocoa beans: 2.0 mg/kg from 01/01/2030.

  • Cocoa mass: 2.0 mg/kg (no staged date indicated in the annex extract, so applies from the general application date of the Regulation, i.e. 1 January 2027 unless otherwise specified)

  • Cocoa powder and fat‑reduced cocoa powder: 1.0 mg/kg (no staged date indicated in the annex extract, so applies from the general application date of the Regulation, i.e. 1 January 2027 unless otherwise specified)

• Confectionery, cocoa and chocolate products other than cocoa mass, cocoa powder and cocoa butter, applied from the general application date of the Regulation, i.e. 1 January 2027:

  • Products with <4% fat/oil content: 0.50 mg/kg.

  • Products with ≥4% and ≤50% fat/oil content: 1.0 mg/kg.

  • Products with >50% fat/oil content: 2.0 mg/kg.

• Processed and compound foods containing cocoa‑relevant ingredients:

  • Products with <4% fat/oil content: 0.50 mg/kg from 01/01/2030.

  • Products with ≥4% and ≤50% fat/oil content: 1.0 mg/kg from 01/01/2030.

  • Products with >50% fat/oil content: 2.0 mg/kg from 01/01/2030.

Additional systemic requirements include:

• MOAH maximum levels must be met after applying any necessary processing factors for dried, diluted, processed or compound foods under Article 3 of Regulation (EU) 2023/915, subject to special rules up to 31 December 2029 to avoid MLs below the practical limit of quantification (LOQ)

• Where calculated MLs fall below certain LOQ thresholds, they are raised to 0.50, 1.0 or 2.0 mg/kg depending on fat content, until the end of 2029.

• Foods lawfully placed on the market before the relevant application dates may remain until their date of minimum durability or use‑by date.

  
  

Compliance deadlines

See the details under Key requirement with earliest deadline 1 January 2027

Potential impact on cocoa sector

• Upstream commodity impact: cocoa beans destined for EU processing will need MOAH controls to ensure levels ≤2.0 mg/kg by 2030, requiring mapping of contamination sources (e.g. jute bags, processing lubricants, storage conditions) and targeted mitigation in producing countries.

• Ingredient impact: cocoa mass and cocoa powder will face relatively strict MOAH MLs (2.0 and 1.0 mg/kg respectively) from 2027, meaning EU grinders and powder manufacturers must implement validated analytical methods and robust supplier controls to manage MOAH throughout the bean‑to‑ingredient chain.

• Fat phase: cocoa butter is explicitly captured under fats/oils with a step‑down to 2.0 mg/kg by 2028; since cocoa butter is often used in high‑fat chocolate and fillings, non‑compliance at cocoa‑butter stage could propagate to multiple finished products.

• Finished product impact: chocolate tablets, pralines, filled bars, cocoa‑based spreads and other confectionery will be subject to MOAH MLs of 0.50–2.0 mg/kg depending on fat content from 2027, and to the general processed‑food limits from 2030; blends with other high‑fat ingredients (nuts, oils) will require careful formulation and MOAH budgeting.

• Supply‑chain complexity: because MOAH MLs apply irrespective of contamination source, cocoa companies must coordinate with packaging suppliers (especially jute bags, paper/board with printing inks), process‑chemical suppliers, and logistics providers to minimize MOAH ingress, not just manage agricultural inputs.

  
  

CAA Notes & interpretations

• These EU MOAH limits are contaminant standards, not compositional chocolate standards, but they effectively become an additional safety gate for cocoa beans, cocoa ingredients and chocolate products entering or circulating in the EU/EEA.

• The staging (2027–2030) offers a transition window for the cocoa value chain to develop and validate MOAH testing, identify hotspots (e.g. packaging types, certain origins, storage practices), and implement mitigation programs; however, high‑fat cocoa ingredients (cocoa butter, mass) become constrained relatively early, so front‑loaded action is advisable.

  
  

Downloadable source

Draft Commission Regulation amending Regulation (EU) 2023/915 as regards MOAH maximum levels in food (legal text and recitals). Regulation - 2023/915 - EN - EUR-Lex