Heavy metals in raw materials: mercury, arsenic and the new EU approach since 2023

Mercury in fish and arsenic in rice: two heavy metals, each with its own risk profile

In addition to cadmium and lead, which you can read about in our earlier article, mercury and arsenic have long been on the radar of the European legislator. Both metals occur naturally in the environment, but they accumulate in very specific ways in certain raw materials.

Mercury: mainly a concern for fish and seafood

Mercury enters the food chain mainly through fish and other seafood, where it accumulates, among other forms as methylmercury, the higher you go in the food chain. That is why three levels apply to mercury in fish muscle meat:

• 1.0 mg/kg for predatory fish and other species with higher accumulation, such as tuna, shark, swordfish and pike;
• 0.50 mg/kg as the general limit for most other fish and fishery products;
• 0.30 mg/kg for a range of commonly consumed species such as cod, herring, salmon, mackerel and sardines, and for cephalopods.

For food supplements and salt, the limit is 0.10 mg/kg. These levels were revised in 2022 by Regulation (EU) 2022/617: for a number of commonly consumed species, the limit was lowered from 0.50 to 0.30 mg/kg, for other species it was raised, and a new maximum level was introduced for salt. In this way, the Commission aimed to reduce exposure to methylmercury without losing sight of the known benefits of fish consumption (including omega-3).

Arsenic: the inorganic form in rice

Arsenic is a similar but separate story: the risk lies mainly in inorganic arsenic, the form considered carcinogenic, which can accumulate in rice. Specific maximum levels for rice and rice products have applied since 2016 (Regulation (EU) 2015/1006). Regulation (EU) 2023/465 tightened and extended them in 2023. The current limits are:

• 0.15 mg/kg for non-parboiled milled (white) rice;
• 0.25 mg/kg for parboiled and husked (brown) rice;
• 0.25 mg/kg for rice flour (new since 2023);
• 0.3 mg/kg for rice waffles, wafers, crackers, cakes and popped rice;
• 0.03 mg/kg for rice-based drinks (new since 2023);
• 0.1 mg/kg for rice intended for the production of food for infants and young children;
• 0.02 mg/kg for infant formula in powder form and 0.01 mg/kg in liquid form.

As with mercury, the reason for this specific approach is that children under three, and certain population groups with high rice consumption, can be relatively the most exposed.

Regulation (EU) 2023/915: the new, consolidated basis since 2023

From a fragmented text to a single reference

Until recently, Regulation (EC) No 1881/2006 was the legal basis for virtually all maximum levels for contaminants in food, including the cadmium and lead rules from our earlier article. After numerous amendments since 2006, that text had become rather fragmented.

Since 25 May 2023, Regulation (EU) 2023/915 has therefore been the new, consolidated reference. It repeals and fully replaces Regulation (EC) No 1881/2006, but does not add any new limits in terms of content: it is a redrafted, clearer text that brings together all existing maximum levels (cadmium, lead, mercury, arsenic, mycotoxins, dioxins, PAHs and more).

What does this mean for your company?

Mainly that you should now refer to Regulation (EU) 2023/915 in your specifications and risk analyses, instead of the older 1881/2006.

Cadmium in cocoa and chocolate: a separate track within the same regulation

Why cocoa is a special case

Whereas the cadmium and lead measures from our earlier article mainly concerned vegetables, fruit, cereals and baby food, cocoa has long followed its own, separate track. Cocoa beans naturally absorb cadmium from the soil more easily, especially in volcanic regions such as parts of Peru, Ecuador and Colombia, which is why general cadmium limits for cocoa and chocolate could not simply be applied.

Maximum levels for cocoa and chocolate

Specific maximum levels apply to cocoa and chocolate, originally laid down in Regulation (EU) No 488/2014 and now included in the consolidated Regulation (EU) 2023/915:

• 0.60 mg/kg for cocoa powder sold to the final consumer;
• 0.10 mg/kg for milk chocolate with less than 30% total dry cocoa solids;
• 0.30 mg/kg for chocolate with less than 50% total dry cocoa solids and for milk chocolate with 30% or more total dry cocoa solids;
• 0.80 mg/kg for chocolate with 50% or more total dry cocoa solids.

If you work with cocoa or chocolate as a raw material or ingredient, this is one of the cases where the origin of your raw material can have a direct impact on the applicable maximum level.

How do you control this risk? From supplier specification to risk analysis

A structural risk such as heavy metals is not solved with a one-off check, but with an approach that starts with your suppliers and ends in your risk analysis. A number of practical points of attention:

• Explicitly include concrete maximum levels for mercury, arsenic, cadmium and lead in your supplier specifications, tailored to the raw material and the applicable limits from Regulation (EU) 2023/915.
• For high-risk raw materials (fish for mercury, rice for arsenic, cocoa for cadmium, spices and wild mushrooms for lead), request up-to-date analysis reports or certificates of analysis, and do not limit yourself to a one-off qualification at the start of the cooperation.
• Have incoming goods tested for heavy metals on a risk basis. ICP-MS (inductively coupled plasma mass spectrometry) is generally considered the standard laboratory method, because it can detect several metals simultaneously down to very low concentrations. For arsenic, an additional speciation analysis is often needed, since only the inorganic form is legally limited.
• Include heavy metals as a chemical hazard in your HACCP-based risk analysis, paying attention to the origin of your raw materials as a risk factor at goods receipt.

Other chemical risks deserve attention too

Heavy metals are not the only chemical risk that can creep into your raw materials in this way. Mycotoxins in cereals and animal feed also call for a similar, risk-based approach; you can read more about this in our article on mycotoxins, EU legislation and the climate risk. Not sure how to tackle this in practice in your risk analysis? Our Normanisten are happy to help.