The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009
| Year | 2009 |
2009 No. 30
FOOD
The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009
Made 3rd February 2009
Laid before the Scottish Parliament 4th February 2009
Coming into force 7th March 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a), (2)(a) and (3), 31 and 48(1) of the Food Safety Act 19901and paragraph 1A of Schedule 2 to the European Communities Act 19722, and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to the Annexes to the Community instrument referred to in regulation 2(5) to be construed as references to those Annexes as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, they have had regard to relevant advice given by the Food Standards Agency3.
There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety4.
PART 1
PRELIMINARY
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009 and come into force on 7th March 2009.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Food Safety Act 1990;
“BADGE” has the meaning it bears in Article 1(1)(a) of Regulation 1895/2005;
“BFDGE” has the meaning it bears in Article 1(1)(b) of Regulation 1895/2005;
“business” has the meaning it bears in the Act;
“capable” means capable as established under regulation 13;
“Directive 82/711” means Council Directive 82/711/EEClaying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs5;
“Directive 85/572” means Council Directive 85/572/EEClaying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs6;
“Directive 88/388” means Council Directive 88/388/EECon the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production7;
“Directive 89/107” means Council Directive 89/107/EECon the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption8;
“the Directive” means Commission Directive 2002/72/ECrelating to plastic materials and articles intended to come into contact with foodstuffs9;
“EFSA” means the European Food Safety Authority;
“fatty foods” means foods for which, in migration testing, simulant D is specified in Directive 85/572;
“food” is to be construed in accordance with section 16(5) of the Act;
“good technical quality” means good technical quality as regards the purity criteria;
“handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;
“import” means import in the course of a business;
“infants” means children under the age of twelve months;
“material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;
“monomer” means any substance which is included for the purposes of the Directive among monomers and other starting substances;
“NOGE” has the meaning it bears in Article 1(1)(c) of Regulation 1895/2005;
“plastic functional barrier” means a barrier consisting of one or more layers of plastics which ensure that the finished material or article complies with Article 3 of Regulation 1935/2004 and with the Directive;
“plastic layers or coatings” means plastic layers or plastic coatings forming gaskets in lids that together are composed of two or more layers of different types of materials;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;
“plastic multi layer material or article” means a plastic material or article composed of two or more layers of materials each consisting exclusively of plastics, which are bound together by means of adhesives or other means;
“purity criteria” means purity criteria in accordance with Commission Directive 2008/60/EClaying down specific purity criteria concerning sweeteners for use in foodstuffs10, Commission Directive 2008/128/EClaying down specific purity criteria concerning colours for use in foodstuffs11and Commission Directive 2008/84/EClaying down specific purity criteria on food additives other than colours and sweeteners12;
“Regulation 1935/2004” means Regulation (EC) No. 1935/2004of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EECand 89/109/EEC13;
“Regulation 1895/2005” means Commission Regulation (EC) No. 1895/2005on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food14;
“the 1998 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 199815;
“the 2007 Regulations” means the Materials and Articles in Contact with Food (Scotland) Regulations 200716;
“the 2008 Regulations” means the Plastic Materials and Articles in Contact with Food (Scotland) Regulations 200817;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” is to be construed accordingly; and
“young children” means children aged between one and three years.
(2) For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.
(3) Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.
(4) Except in regulation 11(3) and Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex in the Directive.
(5) Any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.
PART 2
REQUIREMENTS FOR PLASTIC MATERIALS AND ARTICLES
Restriction on the use, sale or import of plastic materials and articles
3.—(1) No person may–
(a)
(a) use for the handling of food in the course of a business; or
(b)
(b) for the purpose of the handling of food–
(i) sell; or
(ii) import from anywhere other than an EEA State,
a plastic material or article which fails to meet the required standard.
(2) For the purposes of this regulation a plastic material or article fails to meet the required standard if it–
(a)
(a) has been manufactured–
(i) with a monomer which is not a permitted monomer as described in regulation 4(2); or
(ii) with an additive which is not a permitted additive as described in regulation 5(2); or
(b)
(b) it does not meet the required standards set out in regulation 6, 7, 8, 9, 10 or 11,
but a plastic material or article meets the required standard if it meets the applicable conditions set out in Schedule 5 (transitional arrangements).
(3) Regulation 5 does not prohibit the use of a plastic material or article where–
(a)
(a) that material or article consists of plastic layers or coatings to which the derogation in Article 4c of the Directive applies;
(b)
(b) any additive used in its manufacture is a polymerisation production aid to which the derogation in Article 4d of the Directive applies; or
(c)
(c) before 1st January 2010, any additive used in its manufacture is permitted under and used in accordance with the national law of the Member State where the plastic material or article was manufactured.
Restriction on the use of monomers in the manufacture of plastic materials and articles
4.—(1) Subject to paragraphs (3), (4) and (5), no person may use any monomer other than a permitted monomer in the manufacture of any plastic material or article.
(2) A permitted monomer is any monomer which is–
(a)
(a) of good technical quality;
(b)
(b) identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Section A or B of Annex II; and
(c)
(c) used in accordance with any restrictions and specifications for that monomer set out or referred to in column 4 of the corresponding entry.
(3) Paragraph (1) does not apply to the use of a monomer in the manufacture of any–
(a)
(a) surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including but not limited to varnishes, lacquers and paints;
(b)
(b) epoxy resins;
(c)
(c) adhesives and adhesion promoters; or
(d)
(d) printing inks.
(4) Paragraph (1) shall not be taken to prohibit the manufacture of any plastic material or article with any substance which falls within paragraph 3(c) (relating to mixtures of authorised substances) of Annex II and is of good technical quality.
(5) In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) because it was manufactured with any monomer (whether or not of good technical quality) other than one mentioned in paragraph (2)(b), it is a defence for the accused to prove that each such monomer–
(a)
(a) is present in the finished plastic material as an impurity, a...
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