Food Law Research Articles

Legal Aspects of Microalgae in the European Food Sector.

The interest in microalgae as food in Europe is growing due to its remarkable features that can foster a sustainable economy. The lack of tradition on their use among Europeans is changing and a demand for more sustainable products is increasing. The legal framework from the microalgae stakeholders' point of view has been consistently identified as a bottleneck, regardless of its nutritional value and potential to provide added-value metabolites. Microalgae-based products have been mostly consumed as food supplements, which are characterized by some general uncertainty with regards to food security of products sourced from non-European countries. The novel foods regulation is a landmark in Europe's food law defining the conditions in which a new type of food can be commercialized. Currently, a more simplified and centralized version is in place, and around eleven microalgae-based products are on the market; however, more than half are represented by Schizochytrium sp. derived products (DHA-rich oil). Microalgae have immense potential as a sustainable food source; nonetheless, there is limited experience in assessing the safety of these microorganisms, considering the uncertainty around undesirable substances present in the way they are produced and their diverse metabolites. Here, we overview the regulatory use of microalgae as food in Europe with a focus on market introduction, highlighting the administrative procedures and scientific requirements to assess food safety. We also discuss the implications of the Transparency regulation related to microalgae as novel foods and provide considerations for a more solid interaction between academia and industry.

Risk management and risk communication of an illegal use of sulphites in meat preparations

Abstract This paper presents a case study on the management of a food fraud associated with health risks: the illegal use of sulphites in meat preparations and minced meat in Slovenia in 2019. The purpose is to highlight the shortcomings of existing systems for ensuring food safety in case of food frauds and highlight challenges for improvements. Sulphites are food additives but also have significant allergenic potential, hence they may cause serious reactions in sensitized consumers. Labelling of foods treated with sulphites is mandatory, and their use in meat and meat preparations in Europe is not allowed. However, certain food business operators may intentionally add sulphites into meat preparations to improve the sensory properties; besides being a food fraud, this exposes unaware consumers to health risks. The case started with the notification of an allergic-like reaction by a consumer following the consumption of a meat product. While the public authorities reacted by intensifying controls on markets and retailers, the analysis of risk management and risk communication aspects showed a number of shortcomings: slow response time; lack of recall of sulphite-treated meat products and of an in-depth risk assessment. The evaluation of this case study identified violations of food law regulations and consumer protection legislation. Effective risk management requires an interdisciplinary approach, integrating timely and targeted official control and risk communication throughout the food chain to protect consumers from unfair practices. Consistent, effective, and transparent communication among all actors who share responsibility in ensuring food safety is necessary to achieve improvements. This serious case of food fraud with actual risks to consumer health provided an opportunity for lessons to be learnt regarding managing health hazards from intervention to prevention.

Comparison of volatile aroma and sensory characteristics of doenjang and Korean‐style doenjang

AbstractDoenjang is a traditional soybean fermented food ingredient in Korea. According to the Korean Food Code, different categories were defined: doenjang and Korean‐style (Hansik) doenjang. Two different categories were classified according to its main ingredient called “Meju.” The purpose of this study was to compare the flavor characteristics including sensory characteristics and volatile aroma profiles of doenjang and Korean‐style doenjang according to the categories listed in the Korean Food Code. A total of six samples, including four doenjang and two Korean‐style doenjang samples, were included in this study. Sensory characteristics were analyzed by a highly trained panel (n = 7) using Spectrum™ method. Volatile flavor analysis was conducted using gas chromatography–mass spectrometry in conjunction with the Solvent Assisted Flavor Extraction method. Differences in sensory characteristics were documented between doenjang and Korean‐style doenjang categories, and one sample under doenjang category had distinctive aroma characteristics. Samples under doenjang were characterized with high intensities of fruit‐related aroma, possibly due to the presence of ester compounds, ethyl acetate, and phenyl ethyl alcohol. Korean‐style doenjang had characteristics related to the so‐called “traditional doenjang” in previous studies, such as meju and fish sauce aromatics, and these aromas may have been caused by the presence of 1,2‐dimethyl benzene and 3‐hydroxy‐2‐butanone.Practical ApplicationsAccording to the Korean Food Code, doenjang is divided into two categories based on the use of major ingredients called meju: doenjang and Korean‐style doenjang. To this date, studies related to flavor analysis of doenjang majorly focused on the final product, doenjang, while this study was conducted on the flavor analysis of doenjang categorized by the Korean Food Code. Finding from this study can aid small and mid‐sized doenjang manufacturers to strategically manage their flavor characteristics according to Korean food law and regulations.

Study on the current research trends and future agenda in animal products: an Asian perspective.

This study aimed to analyze the leading research materials and research trends related to livestock food in Asia in recent years and propose future research agendas to ultimately contribute to the development of related livestock species. On analyzing more than 200 relevant articles, a high frequency of studies on livestock species and products with large breeding scales and vast markets was observed. Asia possesses the largest pig population and most extensive pork market, followed by that of beef, chicken, and milk; moreover, blood and egg markets have also been studied. Regarding research keywords, "meat quality" and "probiotics" were the most common, followed by "antioxidants", which have been extensively studied in the past, and "cultured meat", which has recently gained traction. The future research agenda for meat products is expected to be dominated by alternative livestock products, such as cultured and plant-derived meats; improved meat product functionality and safety; the environmental impacts of livestock farming; and animal welfare research. The future research agenda for dairy products is anticipated to include animal welfare, dairy production, probiotic-based development of high-quality functional dairy products, the development of alternative dairy products, and the advancement of lactose-free or personalized dairy products. However, determining the extent to which the various research articles' findings have been applied in real-world industry proved challenging, and research related to animal food laws and policies and consumer surveys was lacking. In addition, studies on alternatives for sustainable livestock development could not be identified. Therefore, future research may augment industrial application, and multidisciplinary research related to animal food laws and policies as well as eco-friendly livestock production should be strengthened.

Transitioning to more sustainable food systems that support health and wellbeing

Food is central to our health and well-being, yet many aspects of our food systems have become unhealthy and unsustainable. Our food systems today contribute significantly to, and are being destabilised by, the environmental crises we are facing. An increase in the consumption of low-quality diets is the leading cause of death and a major contributor to the burden of non-communicable diseases in Europe. Dietary guidelines issued by governments do not align at all with what is being produced, consumed, and exported. Food systems have also contributed to creating, entrenching and widening health inequalities across Europe, as subgroups of the population have little access to and ability to choose healthy and sustainable food. In addition, the benefits of current food production and consumption systems go to large transnational companies rather than small companies and primary producers; the average EU farmer for example earns 50% of the average worker in the economy. Major external shocks such as COVID-19 and the Russian war against Ukraine have reflected the vulnerability of our current systems of food production and redistribution, as experienced through growing levels of food inflation, food insecurity and hunger in Europe, and even more so in other parts of the world. Ambitious intersectoral and systemic approaches are needed to address current contradictions in our food systems, and to make them more sustainable and resilient. Public health professionals need to step up their action to highlight the impacts of unhealthy food consumption, advocating and engaging in political debates. Promising policies at the EU level, such as the Farm to Fork Strategy, Sustainable Food Law, and on Food Security, set out planned measures to make food systems more environmentally friendly, fair and healthy. Ensuring that such policies are actually implemented, and that environmental, health and social considerations are valued in equal measure as economic ones, remains however a major challenge. This plenary session will focus on what measures are urgently needed and must be prioritised to ensure more sustainable food systems and to improve health and well- being across Europe. The plenary will also discuss the challenges, and the role of health professionals in helping to achieve this critical shift. Moderators: Suzanne Costello, CEO, Institute of Public Health, Ireland Caroline Costongs, Director EuroHealthNet Video address: Dr Tedros Adhanom Ghebreyesus, WHO Director-General Keynote speaker: Tim Lang, Emeritus Professor of Food Policy, City University of London, UK Panellists: Francesco Branca, Director of the Department of Nutrition for Health and Development, WHO Gunhild A. Stordalen, Founder and Executive Chair EAT Foundation, Norway Holly Cairns, TD for Cork South-West and Leader of the Social Democrats and party spokesperson on Agriculture, Food and the Marine; Rural Development; Social Justice; and Disability, Ireland Anant Jani, University of Heidelberg, Germany and Fellow Oxford Martin School, Oxford University, UK

Food law in Indonesia has a criminal perspective that is oriented towards food security

This research is focused on knowing and analyzing how the records/problems/problematics of the criminal system, especially in Law Number 18 of 2012 concerning Food (Food Law) in Indonesia. The type of research used is the normative juridical research method, this research is also known as library research. The primary legal material is in the form of laws and regulations as well as analysis of legal material used utilizing descriptive analysis. The results of the study identified that the criminal justice system in the Food Law in Indonesia has several notes/problems that need to be corrected/changed including those related to affirming the qualifications of a criminal offence (delict), the blurring of the subject of corporate crime and business actors, the disintegration of types and the formulation of sanctions criminal/administrative sanctions, as well as the imbalance in the weight of the number/length of sentences in the criminal system.

Evaluation of Hygienic Practices and Microbiological Quality of Street Vended Fruit Salads in Morogoro, Tanzania

Street vended foods have gained popularity due to economic benefits. However, they have been recognized as a potential hazard to public health as a result of poor hygienic practices. The study was conducted to assess the hygienic practices and microbiological quality of street vended fruit salads vended in Morogoro Municipal, Tanzania. A total of 30 respondents were involved in the study to assess of quality of fruit salad vended by town street vendors (TSV), University cafeterias (UCV), and town restaurants vendors (TRV). The findings revealed that most vendors (86.3%) were unaware of food safety, 73.3% were unaware of food safety standards and laws, and every seller evaluated was unaware of food safety initiatives such as Good Manufacturing Practices (GMP) and Good Hygienic Practices (GHP) and had never implemented any of them. All vendors saw the doctor only when they were ill. Nevertheless, none of vendor had a quality registration certificate or had undergone training in food safety and hygiene. Most of the salad preparation settings (46.7%) did not adhere to the fundamental requirements of a food preparation facility, and the vending facilities were in disrepair. Piles of dirty were observed in the food salad preparation and vending premises and 80% of the vendors used uncovered waste bins that were observed to encourage pests such as flies and cockroaches in the premises. The total aerobic count (TAC) ranged from 3.92±0.31 to 4.29±0.21 log CFU/g. All fruit salad samples were contaminated with coliforms and the level of coliform count exceeded 1.4×104 MPN/g in fruit salad samples indicating poor hygiene and fecal contamination. Possible sources of contamination were found to be water quality, cross-contamination, food handling and preparation equipment, and environmental factors such as dust, pests, and air quality. According to the study's findings, the majority of fruit salad sellers in the study area did not adhere to hygienic practices, and the made fruit salads were of poor microbiological quality, putting consumers at risk for food safety.

Food Fraud Detection: The Role of Spectroscopy Coupled with Chemometrics

Food fraud is a concern for both consumers and business operators, but can simply be controlled by food industries ensuring compliance with food laws as a moral duty for authentic food quality and safety. Intentional tampering with food content at any stage of production, processing and trade, may have far reaching implication as it may constitute a risk to human, animal, plant and environmental health. Therefore, there is need for quality of a foods to be genuine and undisputed in its nature, origin, identity, and claims, and meet expected properties (i.e., authentic). Ensuring food authenticity necessitates efficient and effective tracing and tracking of food products, particularly those with low production levels visà-vis demand, coupled with high nutritional, medicinal and or economic values. Detection of food fraud remains complex when considering the complex nature of foods. Besides discussing food fraud and related terminologies, this paper focuses on the combined spectroscopy and chemometrics approach for assessment of food authenticity Understanding of the nature of fraud, gathering the appropriate datasets, establishing global partnerships (where need be), predicting vulnerability, while employing food management systems, may facilitate management and or prevention of food fraud. Viewing the complex nature of food, and then with intentional tampering with its nature, detecting fraud associated with any given food and or food product remains complex. Spectroscopy coupled with chemometrics, although sophisticated, have revealed a good fit for the job, and hand held tools such as Scio (consumer physics, which is used to scan foods in the IR range) have been made to surpass the challenge.

A review of alternative proteins for vegan diets: Sources, physico-chemical properties, nutritional equivalency, and consumer acceptance

Alternate proteins are gaining popularity as a more sustainable and environmentally friendly alternative to animal-based proteins. These proteins are often considered healthier and are suitable for people following a vegetarian or vegan diet. Alternative proteins can be recovered from natural sources like legumes, grains, nuts, and seeds, while single cell proteins (mycoproteins), and algal proteins are being developed using cutting-edge technology to grow fungus, yeast and algal cells in a controlled environment, creating a more sustainable source of protein. Although, the demand for alternative protein products is increasing, there still happens to be a large gap in use among the general consumers mainly stemming from its lower bioavailability, lack of nutritional equivalency and reduced digestibility compared to animal proteins. The focus of the review is to emphasize on various sources and technologies for recovering alternative proteins for vegan diets. The review discusses physicochemical properties of alternative proteins and emphasise on the role of various processing technologies that can change the digestibility and bioavailability of these proteins. It further accentuates the nutritional equivalency and environmental sustainability of alternative protein against the conventional proteins from animals. The food laws surrounding alternative proteins as well as the commercial potential and consumer acceptance of alternative protein products are also highlighted. Finally, key challenges to improve the consumer acceptability and market value of plant-based proteins would be in achieving nutrient equivalency and enhance bioavailability and digestibility while maintaining the same physicochemical properties, taste, texture, as animal proteins, has also been highlighted.

Food safety culture in food companies amid the Lebanese economic crisis and the Covid-19 pandemic

The challenges to food safety in Lebanon are many and have worsened due to the Covid-19 pandemic and the Lebanese economic crisis. Against a backdrop of loosely enforced food laws and regulations, a cross-sectional study was carried out in 23 Lebanese food companies on 204 participants using a validated online food safety culture self-assessment tool consisting of 28 indicators. Food safety motivation, burnout/job stress and conscientiousness and their impact on food safety culture were also investigated. Overall, the perceived food safety culture was “good” with a mean value of 119.1 over 140 (equivalent to 4.3/5). A young workforce, the female gender, a science background, and a university degree were associated with a higher food safety culture. The food safety culture score was also perceived higher among participants who attended food safety trainings, and among those working at the managerial level and in the quality department. In addition, the results showed that the food safety culture was significantly better in companies exporting their goods than companies with no international market exposure (121.6 vs 118.1). Moreover, Food safety motivation (mean score 4.1/5) and conscientiousness (3.5/5) were moderately associated with a positive food safety culture. However, the low burnout/job stress scores (2.8/5) may exhibit a negative impact on the food safety culture and could be related to several consequences caused by the Lebanese economic crisis and the Covid-19 pandemic. Further studies are to be conducted to understand better the causal effects relationship.

Türkiye’de Gıda Güvenliği ve Gıda Kolluğu

Food is an indispensable basic need for human beings. Food safety has become one of the elements of public order, as technological developments bring many new threats to food safety in contrast to the advantages it provides. Safe food does not pose a danger to human health, is ready for consumption, and complies with the legislation. Food law enforcement is an activity that requires technical knowledge and expertise and is among the private law enforcement agencies. To ensure food safety in Türkiye, the Ministry of Agriculture and Forestry carries out food law enforcement activities. In this study, food safety and food law enforcement organization, powers, and sanctions of food law enforcement are examined by Turkish legislation.

Research on the International Sustainable Practice of the Taiwanese Food and Agricultural Education Law under the Current Global Food Security Challenges.

On 19 April 2022, in order to overcome a succession of recent global food health and agriculture safety (FHAS) incidents, the Taiwanese government instituted and announced 20 comprehensive Articles under the Taiwanese Food and Agricultural Education Law (TFAEL) for regulating the Taiwanese FHAS in order to completely construct the international strategies under the current global food security challenges of the FAHS. As a result, this research study firstly employs the learning community model (LCM) of the learning theory to measure the implementing depth of the international sustainability practice of the 20 Articles of the Taiwanese FHASE from a learning performance analytical perspective. Then, the social learning theory (SLT) of the educational theory is applied to consolidate the individual behaviors of the relative stakeholders, the organizational management of the relative industries and the socialized consent of the multilateral organization performance assessment network (MOPAN) of the Food and Agriculture Organization (FAO) of the United Nations (UN). After completing quantitative and qualitative analyses, the two most valuable conclusions and findings were as follows: (1) Not only Article 12, but also Articles 3, 4 and 5 of the new law can empirically facilitate strategic management for supporting and promoting the Taiwanese FHAS educational policy dialogue at a global, regional and country scale in order to effectively advance the international sustainable compatibility of the TFAEL. (2) Articles 6, 11 and 16 of the new law can completely construct operational management for building normative and standard-setting Taiwanese FHAS educational works in order to efficiently advance the international sustainable compatibility of the TFAEL. Therefore, beyond the analytical results of this research, the international sustainable compatibility of the TFAEL provides a direction for the development of sustainable food systems, food policies, agricultural food markets and food chains in order to overcome the various contemporary global food security challenges.

Athletes Perceived Level of Risk Associated with Botanical Food Supplement Use and Their Sources of Information.

Athletes should carefully consider the use of botanical food supplements (BFSs) given the current lack of substantiation for botanical nutrition and health claims under EU and UK food laws. In addition, athletes may be at an increased risk of doping violations and other adverse outcomes potentially associated with BFS use; however, little is known about athletes' intake, knowledge, or perceptions in relation to BFS use. An online cross-sectional survey of n = 217 elite and amateur athletes living on the island of Ireland was conducted using Qualtrics XM to assess intake, knowledge, attitudes, and perceptions. General food supplements (FSs) were reported by approximately 60% of the study cohort, and 16% of the supplements reported were categorized as BFS. The most frequently consumed BFSs were turmeric/curcumin (14%), Ashwagandha (10%), and Beetroot extract (8%). A higher proportion of amateur athletes would source information about BFSs from less credible sources, such as fellow athletes, or from internet sources or their coach, compared to elite athletes. Those who sourced information about botanicals from fellow athletes (p = 0.03) or the internet (p = 0.02) reported a lower perceived level of risks associated with BFS use. This study therefore suggests that amateur athletes may be more likely to source information from less credible sources compared to elite athletes who may have more access to nutrition professionals and their knowledge/advice. This may have potential adverse implications for amateur athletes, e.g., Gaelic games players, who are included within the doping testing pool but who may not have access to evidence-based nutrition advice.

Bisphenol A (BPA) Content in Food and Beverage Plastic Packaging Perspective of Food Law and Consumer Protection

The packaging sector is an important industry. Packaging is used as a material to protect goods from external contamination. There are various kinds of packaging, one of which is often used is plastic packaging. In plastic packaging there is one of the BPA materials used in the plastic manufacturing process. This BPA content has the potential to be released and mixed with packaged food and drinks. While BPA is a content that can cause various diseases such as cancer. This study aims to determine the content of BPA in plastic packaging seen from the Law on Food and the Law on Consumer Protection. This study uses normative legal research that is descriptive analytical with a qualitative approach to primary data, secondary data and tertiary data which includes the content and structure of positive law. It is used as a reference in reviewing legal issues that are the object of study. The results of the study show that the BPA content in plastic packaging does not meet the packaging quality standards in accordance with the Law on Food. The Law on Food states that food packaging must use materials that do not endanger health. The Law on Consumer Protection also states that one of the rights of consumers is to have security and safety in consuming goods and services. The content of BPA which can cause various diseases is clearly not in accordance with the clauses in the Consumer Protection Act.

ZNAKOWANIE ŻYWNOŚCI JAKO FORMA ADMINISTRACYJNOPRAWNEJ OCHRONY KONSUMENTA

This article discusses the role of administrative norms in food labelling regulations with regard to consumers’ protection. Administrative regulations play a significant role in the entire food law system, particularly in the pursuit of its general objectives related to consumers’ well-being. Food labelling is one of the instruments applied to ensure consumers’ protection but it needs to be assisted by a legal apparatus enabling efficient control over the observance of the provisions and imposing sanctions for non-compliance. Not only is food label a basic channel of communication used by producers in order to provide consumers with information about products, but it also has a tremendous impact on consumers’ food choices. Information shared on labels ought to be readable and understandable for the purpose of facilitating conscious food decision making. Nonetheless, despite the institutional support, consumers are still considered to be the weaker party on the food market, therefore food labelling regulations should be compliant with their awareness and habits.

An overview on the Impact of Food Fraud Incidences in Various Countries and its Detection Methods, Assessment Techniques and Preventive Measures

Food fraud is not just a local issue but perhaps a global phenomenon. If the food available in the market are undetected or poorly controlled, this can harm consumer health. Food fraud causes a lack of traceability of supply chains and may eventually be a risk to food safety. The purpose of this paper is to acquaint the various types of food fraud and to evaluate the detection methods in identifying the adulterants. It also addresses the importance of vulnerability assessment of food fraud and key actions required for its prevention. Fighting food fraud will remain a race between the fraudsters and scientists developing new methods to prevent them. The review is unique that it summarized food fraud types, basic and instrument-based detection techniques for adulterants identification and it also focuses on the international governing bodies concerned with food laws and regulations. This study also provides perceptions of the interplay between vulnerability assessment and food fraud prevention.

Are adverse effects of cannabidiol (CBD) products caused by tetrahydrocannabinol (THC) contamination?

Cannabidiol (CBD)-containing products are widely marketed as over the counter products, mostly as food supplements. Adverse effects reported in anecdotal consumer reports or during clinical studies were first assumed to be due to acid-catalysed cyclization of CBD to psychotropic Δ 9tetrahydrocannabinol (Δ 9-THC) in the stomach after oral consumption. However, research of pure CBD solutions stored in simulated gastric juice or subjected to various storage conditions such as heat and light with specific liquid chromatographic/tandem mass spectrometric (LC/MS/MS) and ultra-high pressure liquid chromatographic/quadrupole time-of-flight mass spectrometric (UPLC-QTOF) analyses was unable to confirm THC formation. Another hypothesis for the adverse effects of CBD products may be residual Δ 9-THC concentrations in the products as contamination, because most of them are based on hemp extracts containing the full spectrum of cannabinoids besides CBD. Analyses of 362 hemp-based products of the German market (mostly CBD oils) confirmed this hypothesis: 39 products (11%) contained Δ 9-THC above the lowest observed adverse effect level (2.5 mg/day). Hence, it may be assumed that the adverse effects of some commercial CBD products are based on a low-dose effect of Δ 9-THC, with the safety of CBD itself currently being unclear with significant uncertainties regarding possible liver and reproductive toxicity. The safety, efficacy and purity of commercial CBD products is highly questionable, and all of the products in our sample collection showed various non-conformities to European food law such as unsafe Δ 9-THC levels, hemp extracts or CBD isolates as non-approved novel food ingredients, non-approved health claims, and deficits in mandatory food labelling requirements. In view of the growing market for such lifestyle products, the effectiveness of the instrument of food business operators' own responsibility for product safety and regulatory compliance must obviously be challenged, and a strong regulatory framework for hemp products needs to be devised.

Pencantuman Label Alergen dalam Pelabelan Produk Pangan Sebagai Bentuk Perlindungan Konsumen

The purpose of this study is to present a normative analysis of the labeling of food products in Indonesia and the relationship between information disclosure on food labels and the implementation of consumer protection. This research uses normative juridical methods. The results conclude that first, the current global food issue is the danger of consuming food ingredients that contain allergens. The United States, Singapore and Japan have required the inclusion of allergen information in the labeling of food products in their respective National Laws. This is a lesson for Indonesia to require the inclusion of allergen information in the National Law. Therefore, a limited revision of Article 97 paragraph 3 of the Food Law is needed to include the obligation to include warnings for allergen content on food labels. Second, many food products do not display information in accordance with reality and its original content, which is detrimental to consumers. Consumer protection in food regulation through food labeling departs from the State's efforts to safeguard the rights and interests of these consumers so that they are not harmed by profit-oriented producers by way of processing and distributing fair and healthy food products based on the principle of information disclosure.

STRATEGIA ,,OD POLA DO STOŁU” JAKO WYZWANIE ZWIĄZANE ZE ZRÓWNOWAŻONYMI SYSTEMAMI ŻYWNOŚCIOWYMI

This paper aims to present the fundamental problems arising from the adoption of “the farm to fork” strategy. This strategy poses a challenge both to Polish legislators and, especially, to Polish farmers. The objectives presented in the Communication from the European Commission – A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system – are revolutionary and quite ambitious, given the time allocated for their achievement. Undeniably, changes in food law are necessary, but it is difficult to say whether those advocated by the European Commission are feasible.

Recycling of Post-Consumer Polystyrene Packaging Waste into New Food Packaging Applications—Part 2: Co-Extruded Functional Barriers

Post-consumer polystyrene (PS) recyclates behind a functional barrier of virgin PS polymer is an attractive way to introduce post-consumer PS recyclates in packaging materials. However, until now, there has been no official guidance published on how to test the performance of a functional barrier. In addition, no threshold limits for the evaluation of post-consumer recyclates behind FBs have been published by competent authorities. This is a drawback in the food law compliance evaluation and novel technology notification of post-consumer recyclates behind a functional barrier. In this study, co-extruded yogurt cups with an artificially spiked core layer were investigated with respect to migration of the applied surrogates. The applied migration kinetic testing method into the gas phase was shown to be sensitive and suitable for the evaluation of the functional barrier performance. For consumer safety evaluation, two worst-case scenarios were used. As a result, due to the high processing temperatures used during co-extrusion, the virgin PS functional barrier layer was partly contaminated with the surrogates from the core layer. However, on the basis of the conditions, data, and the evaluation presented, the use of post-consumer recycled PS behind an FB of virgin PS can be considered as safe.