Stainless steel pans, cutlery, water bottles and aluminium baking trays are among the most common products sourced in Asia. Metal looks like a safe choice next to plastic or glazed ceramics. Yet metal also releases traces of itself into food, especially with acidic or salty food and at high temperatures. A cheap stainless steel grade can release nickel or manganese, and bare aluminium can release aluminium into tomato sauce.
The EU has no specific regulation for metals. Belgium, the Netherlands and Luxembourg did not want to wait for one and made the Council of Europe limits for metals binding on their markets. If you sell metal kitchenware across the EU, those limits are the clearest benchmark you have.
- Which EU rules apply to metal kitchenware
- The Council of Europe limits for metals
- The Benelux metal limits: binding since 2021 and 2025
- Stainless steel and aluminium: where it goes wrong
- How metal kitchenware is tested
- Documents and labelling for metal kitchenware
- Checklist for selling metal kitchenware in the EU
Which EU rules apply to metal kitchenware
Every product that touches food falls under Regulation (EC) No 1935/2004. Its core rule is in Article 3: the material must not release its constituents into food in quantities that could endanger human health or change the food in an unacceptable way. The manufacturer must also follow good manufacturing practice under Regulation (EC) No 2023/2006.
For plastics and ceramics the EU has worked this out in specific rules with limits per substance. For metals and alloys it has not. That makes Article 3 the only EU-wide rule, without numbers. It does not mean anything goes. A market surveillance authority can still remove a pan that releases too much nickel, and it will look for a reference to decide what too much is.
Plastic parts of a metal product, such as a handle or a lid seal, fall under the plastics rules. Our article on melamine and nylon kitchenware explains those.
The Council of Europe limits for metals
That reference is Resolution CM/Res(2013)9 of the Council of Europe, adopted on 11 June 2013. It sets specific release limits for metals and alloys in food contact materials: the maximum amount of a metal that may pass into a kilogram of food. A technical guide from the European Directorate for the Quality of Medicines (EDQM) explains how to test against them. Its second edition, from August 2024, updated the safety data for chromium, manganese and thallium.
In most EU countries the resolution is a recommendation, not law. Even so, the EDQM notes that most national authorities in Europe recognise it, and labs use it as the benchmark for metal products because there is no EU limit to fall back on. These are the limits that matter most for kitchenware, as they now apply in the Netherlands:
| Metal | Release limit (mg per kg of food) | Where it comes from |
|---|---|---|
| Iron | 40 | Stainless steel, cast iron |
| Aluminium | 5 | Aluminium pans, trays and foil |
| Copper | 4 | Copper cookware, brass parts |
| Manganese | 1.8 | Stainless steel, especially the 200 series |
| Chromium | 0.25 | Stainless steel |
| Nickel | 0.14 | Stainless steel |
| Cobalt | 0.02 | Alloys and impurities |
| Cadmium | 0.005 | Impurities, old solder and coatings |
The Benelux metal limits: binding since 2021 and 2025
On 17 October 2022 the Benelux Committee of Ministers adopted Decision M (2022) 12 on materials and articles made of metals and alloys. With it, Belgium, the Netherlands and Luxembourg implement the Council of Europe resolution together, so the same rules apply in all three.
Belgium already had binding rules for metal food contact materials since a Royal Decree of 17 February 2021. The Netherlands brought its rules in line with the Benelux decision from 1 January 2025 (Staatscourant 2024, 42883). Luxembourg has notified its own regulation to implement the decision. In the Netherlands, some limits became stricter, such as cadmium and arsenic, and others more lenient, such as chromium and manganese. Limits for iron, barium and mercury were added.
The Dutch rules also ask for proof. The business that places a metal product on the market must show compliance with a written declaration under Article 16 of Regulation 1935/2004. For metals there was no such EU duty before, because Article 16 only applies where a specific measure exists.
Why this matters outside the Benelux: if you sell on Amazon or through EU-wide retailers, your products end up in the Netherlands and Belgium sooner or later. Designing for the Benelux limits means one product and one test report for the whole EU. We gave the same advice for ceramic tableware and the new lead and cadmium limits.
Stainless steel and aluminium: where it goes wrong
Stainless steel is not one material. The common 18/8 or 304 grade contains chromium and nickel. Cheaper grades from the 200 series replace part of the nickel with manganese, so they contain far more of it. With a manganese limit of 1.8 mg per kg, a cheap pan or bottle can fail on manganese while the seller only asked the factory about nickel. Ask which grade is used, and get it in writing.
Surface treatment matters as much as the grade. Stainless steel protects itself with a thin oxide layer. If polishing or welding damages it and the product is not cleaned and passivated properly, it releases more metal in the first uses. That is exactly what a release test picks up.
Bare aluminium reacts with acidic and salty food. The German Federal Institute for Risk Assessment (BfR) advises against storing or preparing acidic or salty food in uncoated aluminium. For trays, foil and pans that come into contact with such food, test against the aluminium limit and give clear instructions for use.
Coated products such as non-stick pans have two layers to think about: the metal underneath and the coating on top. The coating has its own rules and its own test. A test of the metal alone says nothing about the coating.
Not sure what your factory actually uses? With our supplier verification we check the factory and its materials before you place an order.
How metal kitchenware is tested
A release test fills or immerses the product in a food simulant under conditions that match its use. Under the Council of Europe method, labs use a 0.5% citric acid solution for acidic food or artificial tap water for other uses. Citric acid draws out the most metal. The lab measures how much of each metal ends up in the simulant and compares it with the limits.
Products for repeated use, such as pans and cutlery, are tested three times in a row, and the result of the third test is compared with the limit. Together, the first two results may not exceed seven times the limit, the equivalent of a week of daily use. Ask the lab which method and which edition of the guide it follows, and which metals it measures. A report that only covers nickel and chromium does not show the manganese or iron results.
Test the finished product as it will be sold, not a raw sheet of steel. Welds, rivets and polished edges change the result. Our article on product testing for the EU explains how to pick a lab and a test.
Already have a test report from your factory? With our test report review we check whether it covers the right metals and limits before you rely on it.
Documents and labelling for metal kitchenware
Keep a technical file per product with the material and grade, the test report and the declaration of compliance. For the Netherlands and Belgium the written declaration is required. Elsewhere it is the most direct way to show that the product meets Article 3 of Regulation 1935/2004.
Labelling follows Article 15 of Regulation 1935/2004. A product that is not obviously meant for food must carry the words "for food contact" or the glass and fork symbol, which you can download for free as the food contact materials symbol in our Academy. Where safe use depends on it, add instructions, for example not to store acidic food in an aluminium tray.
The GPSR applies on top: the manufacturer's details on the product and, for manufacturers outside the EU, the details of the economic operator responsible in the EU.
Selling kitchenware from outside the EU? As your EU Authorised Representative under the GPSR we take on that role for your products.
Checklist for selling metal kitchenware in the EU
- Get the exact material and grade from your supplier in writing, for example 304 stainless steel instead of just "stainless".
- Be careful with 200-series stainless steel. Test it for manganese as well as nickel and chromium.
- Order a release test on the finished product against the Benelux limits, with three successive tests for products used again and again.
- Have coatings tested separately from the metal.
- Prepare a written declaration of compliance. It is required in the Netherlands and Belgium.
- Add "for food contact" or the glass and fork symbol where needed, plus instructions for use for aluminium and acidic food.
- Add the GPSR details: manufacturer and, outside the EU, the responsible economic operator.
Metal kitchenware is a good product to source in Asia, as long as the grade is right and the test covers the metals that matter. Our Pre Shipment Inspection checks that the batch matches the approved sample before it ships.
Sources
- Regulation (EC) No 1935/2004 of 27 October 2004 on materials and articles intended to come into contact with food, Articles 3, 15 and 16
- Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good manufacturing practice for food contact materials
- Council of Europe, Resolution CM/Res(2013)9 of 11 June 2013 on metals and alloys used in food contact materials and articles, with technical guide
- Benelux Committee of Ministers, Decision M (2022) 12 of 17 October 2022 on materials and articles made of metals and alloys intended to come into contact with foodstuffs
- Belgium, Royal Decree of 17 February 2021 on metals and alloys in materials and articles intended to come into contact with foodstuffs
- Netherlands, Regulation of 19 December 2024 amending the Commodities Act Regulation on packaging and consumer articles (Staatscourant 2024, 42883), in force 1 January 2025
- EDQM, Metals and alloys used in food contact materials and articles, technical guide, second edition (August 2024)
- Regulation (EU) 2023/988 on general product safety (GPSR)
