The Plastic Materials and Articles in Contact with Food (Wales) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1237 |
2008 No. 1237 (W.124)
FOOD, WALES
The Plastic Materials and Articles in Contact with Food (Wales) Regulations 2008
Made 30th April 2008
Laid before the National Assembly for Wales 30th April 2008
The Welsh 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 19901, and now vested in them2, as read with paragraph 1A of Schedule 2 to the European Communities Act 19723.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references to the Annexes to the Community instrument specified 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 Agency.
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, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
PART 1
Preliminary
Title, application and commencement
1. The title of these Regulations is the Plastic Materials and Articles in Contact with Food (Wales) Regulations 2008, apply in relation to Wales and come into force —
(a) for the purposes of regulation 29(c) on 1 July 2008;
(b) for all other purposes on 1 May 2008.
Interpretation
2.—(1) In these Regulations —
“the Act” means the Food Safety Act 1990;
“the 1998 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 19985;
“the 2007 Regulations” means the Materials and Articles in Contact with Food (Wales) Regulations 20076;
“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 foodstuffs7;
“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 foodstuffs8;
“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 production9;
“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 consumption10;
“the Purity Directives” means Commission Directive 95/31/EClaying down specific criteria of purity concerning sweeteners for use in foodstuffs11, Commission Directive 95/45/EClaying down purity criteria concerning colours for use in foodstuffs12and Commission Directive 96/77/EClaying down specific purity criteria for food additives other than colours or sweeteners13;
“the Directive” means Commission Directive 2002/72/ECrelating to plastic materials and articles intended to come into contact with foodstuffs14;
“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/EEC15;
“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 food16;
“authorised officer” means any person, whether or not an officer of the enforcement authority, who is authorised by it in writing to act in matters arising under these Regulations;
“BADGE” has the meaning given in Article 1(1)(a) of Regulation 1895/2005;
“BFDGE” has the meaning given in Article 1(1)(b) of Regulation 1895/2005;
“business” is to be construed in accordance with section 1(3) of the Act;
“capable” means capable as established under regulation 13;
“EFSA” means the European Food Safety Authority;
“enforcement authority” means an authority having responsibility under regulation 15 for executing and enforcing these Regulations;
“fatty foods” means foods for which, in migration testing, simulant D is specified in Directive 85/572/EEC;
“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 that is included for the purposes of the Directive among monomers and other starting substances;
“NOGE” has the meaning given in Article 1(1)(c) of Regulation 1895/2005;
“plastic functional barrier” means a barrier consisting of one or more layers of plastics which ensures that the finished material or article complies with Article 3 of Regulation 1935/2004 and with the Directive;
“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;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” is construed accordingly;
“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 in Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex to 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 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;
(b)
(b) sell for the purpose of handling of food; or
(c)
(c) import from anywhere other than an EEA State for the purpose of handling of food,
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 —
(a)
(a) it has been manufactured with a prohibited monomer as described in regulation 4(2) or a prohibited 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.
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 prohibited monomer in the manufacture of any plastic material or article.
(2) A prohibited monomer is any monomer which is not —
(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 Sections 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 those Sections.
(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) is not to be taken to prohibit the manufacture of any plastic material or article with any substance if the substance in question is a mixture 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 person accused to prove that each such monomer —
(a)
(a) is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II, or
(b)
(b) is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex,
and is of good technical quality.
(6) Schedule 1 has effect to supplement this regulation.
Restriction on the use of additives in the manufacture of plastic materials and articles
5.—(1) Subject to paragraph (3) no person may use in the manufacture of any plastic material or...
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