Challenges to Enacting the EU’s Total Weekly Intake Regulations for PFAS in Food
On January 1, 2023, the EU enacted controls for PFAS levels in certain foods. Based on emerging health data, the EU set a Tolerable Weekly Intake (TWI) of 4.4 ng/kg/week for the sum of PFOS, PFOS, PFHxS, and PFNA in food. Converting to units more comfortable for most Americans, the TWI for a 150 pound adult is ~300 ng per week or 43ng/day; for a 40 pound child, the TWI is 80 ng/wk or 11ng/day. Not including PFAS that transfers from food packaging into food, eggs, fish, and shellfish are likely to be the most significant contributors to PFAS dietary exposure and, to a lesser extent, vegetables and milk.
The challenges for food producers trying to comply with the new regulations include PFAS characterization of their products and the control of their supply chain as relates to PFAS.
In the EU Reference Laboratory Guidance Document for analysis of PFAS in foods, technicians are warned not to wear clothing treated with PFAS nor use cosmetic products continuing PFAS to avoid contaminating the sample. The document provides a list of common laboratory supplies and materials that could contaminate a sample, including anything made of Teflon or PTFE, aluminum foil, and some instrumental lubricants and thus should not be used in or near sample prep spaces. These warnings are a reminder of just how challenging it is to collect accurate data at the part per trillion level. Further, most analytical methods developed to measure PFAS compounds at the level required by the TWI are based on sophisticated analysis via mass spectrometry, a laboratory instrument that is expensive to acquire and maintain. Trace level mass spectrometry analysis will require specialized technical skills, dedicated lab areas and well maintained instrumentation for in-house analysis. This level of analytical sophistication may not be insurmountable for a producer supported by a large QA lab, but it will be a challenge and a significant expense for smaller producers who are used to conducting relatively straightforward, low overhead product quality checks.
Supply chain control may prove to be an even more onerous challenge for producers, especially those who rely on animals, including egg and dairy producers and producer of farmed fish. Given the global nature of PFAS contamination and the fact that most PFAS are both bioavailable and bioaccumulative, it will be difficult to ensure animal feed is PFAS free. Estimates indicate that approximately 7 million tons of fish are caught and converted to fishmeal each year, primarily as a protein source to support livestock, including poultry and aquaculture. Given the extent of global PFAS contamination, especially off the coast of industrialized shores, fish meal almost certainly carries a PFAS burden. An egg producer, for example, will need to consider PFAS levels in the feed they use for their flock. Since PFAS passes from hen to egg, PFAS-contaminated feed will lead to PFAS-contaminated eggs.
For added challenge, fresh food producers have a very short amount of time to get their product from their fields/farms/boats and into the hands of consumers. The need to complete this complex, trace level characterization will stress an already challenging timeline and increase risk to the producer.
Unfortunately, until we have effective controls in place to eliminate the entry or PFAS into the environment and until the levels of existing environmentally mobile PFAS become less available, monitoring PFAS levels in food - especially in food consumed by sensitive populations - may be the best path forward.
