COMMI SSION REGUL ATION (EU) 2024/1038 
of 9 Apr il 2024
amending Regulation (EU) 2023/915 as regards maximum levels of T-2 and HT-2 toxins in food 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng regard to Council Regulation (EEC) No 315/93 of 8 Febr uary 1993 laying down Community procedures for 
contaminants in food (1), and in particular Article 2(3) thereof,
Whereas:
(1) Commission Regulation (EU) 2023/915 (2)sets maximum levels for certain contaminants in food.
(2) T-2 and HT-2 toxins are mycoto xins produced by various Fusar ium species. T-2 toxin is rapidly metabolised to a large 
number of products, with HT-2 toxin being a major metabolite.
(3) The European Food Safety Author ity (‘the Auth ority’) adopt ed in 2011 a scientific opinion on the risks for animal 
and public health relat ed to the presence of T-2 and HT-2 toxins in food and feed (3). The Author ity established a 
group tolerable daily intake (TDI) of 0,1 μg/kg body weight (bw) for the sum of T-2 and HT-2 toxins. Estimates of 
chronic human dietar y exposure to the sum of T-2 and HT-2 toxins based on the available occur rence data were 
below the group- TDI for populations of all age groups, and thus not an immediat e health concer n.
(4) Taking into account the conclusions of the 2011 scientific opinion, Commission Recommendation 2013/165/EU (4)
was adopt ed to collect more data on T-2 and HT-2 toxins in cereals and cereal products, to bette r understand the 
year-to-y ear variation in occur rence and to obtain more information on the influence of food processing (e.g. 
cooking) and agronomic factors on the presence of T-2 and HT-2 toxins.
(5) In 2017, the Author ity adopt ed a scientific opinion on the appropr iateness to set a group health based guidance 
value for T-2 and HT-2 toxins and their modif ied forms(5). A group acute reference dose (ARfD) of 0,3 μg/kg bw 
for the sum of T-2 and HT-2 toxins and their modified forms was established. Additionally , a group- TDI for the sum 
of T-2 and HT-2 toxins and their modified forms of 0,02 μg/kg bw was established replacing the previous group- TDI 
of 0,1 μg/kg bw.
(6) Also in 2017, the Author ity published a scientifi c repor t on the human and animal dietar y exposure to T-2 and HT-2 
toxins (6). Acute dietar y exposure estimat es in that repor t did not indicate an exceed ance of the group ARfD 
established by the Auth ority. However , certain chronic dietar y exposure scenar ios exceed ed the group- TDI in 
infants, todd lers and other children, and at high exposures also in adolescents, indicating a poten tial health concer n.
Offi cial Jour nal 
of the European Union EN 
L series 
2024/1038 10.4.2024
ELI: http://data.europa.eu/eli/reg/2024/1038/oj 1/5(1) OJ L 37, 13.2.1993, p. 1.
(2) Commission Regulation (EU) 2023/915 of 25 Apr il 2023 on maximum levels for certain contaminants in food and repealing 
Regulation (EC) No 1881/2006 (OJ L 119, 5.5.2023, p. 103).
(3) Scientific opinion on the risks for animal and public health relate d to the presence of T-2 and HT-2 toxin in food and feed (EFSA Journal 
2011;9(12):2481, https://doi.org/10.2903/j.efsa.2011.2481).
(4) Commission Recommendation 2013/165/EU of 27 March 2013 on the presence of T-2 and HT-2 toxin in cereals and cereal products 
(OJ L 91, 3.4.2013, p. 12).
(5) Scientific opinion on the appropr iateness to set a group health based guidance value for T2 and HT2 toxin and its modified forms 
(EFSA Journal 2017;15(1):4655, https://doi.org/10.2903/j.efsa.2017.4655).
(6) Scientific repor t on human and animal dietar y exposure to T-2 and HT-2 toxin (EFSA Journal 2017;15(8):4972, https://doi.org/ 
10.2903/j.efsa.2017.4972).(7) In order to ensure a high level of public health protection, it is theref ore appropr iate to establish maximum levels 
concer ning the presence in food of T-2 and HT-2 toxins taking into account the most recent occur rence data. 
However , since there are very limited occur rence data available on the presence of the modified forms of T-2 and 
HT-2 toxins and no routine method for their analysis is available, the maximum levels are established at this time 
only for the sum of T-2 and HT-2 toxins.
(8) In order to ensure that good agricultural practices are applied to minimise the presence of T-2 and HT-2 toxins in 
cereals, it is impor tant to lay down a maximum level for unprocessed cereals. As unp rocessed oats, before milling or 
before being used in cereal products placed on the mark et for the final consumer , are placed on the market with the 
husk, the maximum level for T-2 and HT-2 toxins in unprocessed oat grains should apply to the unpro cessed oat 
grains with the husk included, even if the husk is inedible.
(9) As the levels of occur rence of T-2 and HT-2 toxins are the highest in oat grains, it is important that additional efforts 
are made to further lower the presence of T-2 and HT-2 toxins in oat grains and that the Commission is informed of 
the progress made and of the new occur rence data with the aim to lowe r in the future the maximum level for T-2 
and HT-2 toxins in oat grains and oat grain products.
(10) Regulation (EU) 2023/915 should theref ore be amended according ly.
(11) It is appropr iate to provid e for a transitional period for food lawfully placed on the market before the date of 
application of this Regulation taking into account that certain foods covered by this Regulation have a long shelf life.
(12) To enable economic operat ors to prepare for the new rules introduced by this Regulation, it is appropr iate to provid e 
for a reasonable time until the new maximum levels apply .
(13) The measures provid ed for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGUL ATION:
Article 1
Regulation (EU) 2023/915 is amended as follo ws:
(1) in Article 8, the followi ng paragraph 5 is added:
‘5. Member State s and inter ested parties shall communicate by 1 Januar y 2028 to the Commission the results of 
inve stigations under take n and progress made with regar d to the application of prevention measures to reduce 
contamination by T-2 and HT-2 toxins in oats and oat products.
Member State s and interested parties shall repor t on a regular basis to the Author ity the occur rence data on T-2 and 
HT-2 toxins in oats and oat products.’ ;
(2) Annex I is amended in accordance with the Annex to this Regulation.
Article 2
Food listed in the Annex, lawfully placed on the market before 1 July 2024 , may remain on the market until their date of 
minimum durability or use-by date.EN OJ L, 10.4.2024 
2/5 ELI: http://data.europa.eu/eli/reg/2024/1038/ojArticle 3
This Regulation shall enter into force on the twentieth day followi ng that of its publication in the Official Journal of the 
European Union.
It shall apply from 1 July 2024 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 Apr il 2024 .
For the Commission
The President
Ursula VON DER LEYENOJ L, 10.4.2024 EN 
ELI: http://data.europa.eu/eli/reg/2024/1038/oj 3/5ANNEX 
In Section 1 (My cotoxins) of Annex I to Regulation (EU) 2023/915, the followi ng entr y 1.9 (T-2 and HT-2 toxins) is added:
‘1.9 T-2 and HT-2 toxins Maximum level (μg/kg) Remark s
Sum of T-2 and HT-2 toxins For the sum of T-2 and HT-2 toxins, maximum levels refer to lowe r 
bound concentrations, whic h are calculat ed on the assump tion that 
all the values below the limit of quantif ication are zero.
1.9.1 Unprocessed cereal grains excep t products listed in 1.9.1.1, 
1.9.1.2, 1.9.1.3 and 1.9.1.450 Except unprocessed maize grains intended to be processed by wet 
milling and excep t rice.
The maximum level applies to unprocessed cereal grains placed on 
the mark et for first-stag e processing (6).
1.9.1.1 Unprocessed malting barley grains 200 The maximum level applies to unprocessed malting barle y grains 
placed on the mark et for first-stag e processing (6).
1.9.1.2 Unprocessed barley grains other than malting barley grains 150 The maximum level applies to unprocessed barle y grains placed on 
the mark et for first-stag e processing (6).
1.9.1.3 Unprocessed maize grains and unprocessed durum wheat grains 100 Except unprocessed maize grains for whic h it is evident, e.g. through 
labelling or destination, that they are intended for use in a wet 
milling process only (starc h production).
The maximum level applies to unprocessed maize grains and unpro­
cessed durum wheat grains placed on the market for first-stag e pro­
cessing (6).
1.9.1.4 Unprocessed oat grains with inedible husk 1 250 The maximum level applies to unprocessed oat grains with husk 
placed on the mark et for first-stag e processing (6).
The maximum level applies to the oat grains with the inedible husk 
included.
1.9.2 Cereals placed on the mark et for the final consumer excep t pro­
ducts liste d in 1.9.2.1 and 1.9.2.220 Except rice.
1.9.2.1 Oats placed on the mark et for the final consumer 100
1.9.2.2 Barley , maize and durum wheat placed on the mark et for the final 
consumer50EN OJ L, 10.4.2024 
4/5 ELI: http://data.europa.eu/eli/reg/2024/1038/oj1.9.3 Milling products of cereals excep t products listed in 1.9.3.1 
and 1.9.3.220 Except milling products of rice.
1.9.3.1 Milling products of oats (including oat bran) 100
1.9.3.2 Bran from cereals other than oats and milling products of maize 50
1.9.4 Baker y wares excep t products listed in 1.9.5, pasta, cereal snac ks 
and breakfast cereals excep t products listed in 1.9.6, 1.9.7 
and 1.9.820 Except rice products.
Including small bake ry wares.
Pasta means pasta (dry) with a wate r content of appro ximat ely 12 %.
1.9.5 Baker y wares containing at least 90 % milling products of oats 100 Except rice products.
Including small bake ry wares.
1.9.6 Oat flakes 100
1.9.7 Breakfa st cereals consisting of at least 50 % of cereal bran, milling 
products of oat grains, milling products of maize grains, whole oat 
grains, barley grains, maize grains or durum wheat grains, and 
consisting of less than 40 % of milling products of oat grains and 
whole oat grains50
1.9.8 Breakfa st cereals consisting of at least 50 % of cereal bran, milling 
products of oat grains, milling products of maize grains, whole oat 
grains, barley grains, maize grains or durum wheat grains, and of at 
least 40 % of milling products of oat grains and whole oat grains75
1.9.9 Baby food and processed cereal-based food for infants and young 
children (3)10 Except rice products.
The maximum level applies to the dry matt er (5) of the product as 
placed on the mark et.
1.9.10 Food for special medical purposes intended for infants and young 
children (3)10 Except rice products.
The maximum level applies to the dry matt er (5) of the product as 
placed on the mark et.’OJ L, 10.4.2024 EN 
ELI: http://data.europa.eu/eli/reg/2024/1038/oj 5/5