{
  "url": "https://openlegislation.uk/eu-regulation-2009-450/article-5",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-450/article-5.json",
  "legislation": "eur/2009/450",
  "legislation_title": "Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-450",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Requirement for authorisation",
  "text": "1. Only substances that are authorised by the appropriate authority in accordance with the procedure in Regulation (EC) No 1935/2004 may be used in components of active and intelligent materials and articles.\n2. By way of derogation from paragraph 1, the following substances may be used in components of active and intelligent materials and articles without being authorised:\n(a) released active substances provided that they comply with the conditions set out in Article 9;\n(b) substances falling within the scope of assimilated law or any other enactment provisions applicable to food, which are added to or incorporated into active materials and articles by techniques such as grafting or immobilisation in order to have a technological effect in the food, provided that they comply with the conditions set out in Article 9;\n(c) substances used in components which are not in direct contact with food or the environment surrounding the food and are separated from the food by a functional barrier provided that they comply with the conditions set out in Article 10 and that they do not fall within either of the following categories:\n(i)substances classified as ‘mutagenic’, ‘carcinogenic’, or ‘toxic to reproduction’ in accordance with the criteria set out in sections 3.5, 3.6 and 3.7 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council;\n(ii)substances deliberately engineered to particle size which exhibit functional physical and chemical properties that significantly differ from those at a larger scale.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 5(1) substituted (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), regs. 1(2), 12(4)(b) (with reg. 23)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Art. 5(2) substituted (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), regs. 1(2), 12(4)(c) (with reg. 23)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 5(2)(b) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 56(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in Art. 5(2)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 11 para. 17(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 5 heading substituted (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), regs. 1(2), 12(4)(a) (with reg. 23)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 353, 31.12.2008, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/450/article/5",
    "retrieved_at": "2026-11-01T14:51:28.676605+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}