Title, commencement and extent

1

These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002, shall come into force on 30th November 2002 and shall extend to England only.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see above.

Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998

2

Amendments to the Plastic Materials and Articles in Contact with Food Regulations 19982

The Plastic Materials and Articles in Contact with Food Regulations 1998 (“the principal Regulations”) shall be amended, in so far as they extend to England, in accordance with regulations 3 to 18.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

3

3

Immediately after regulation 1 (title, commencement and extent) there shall be inserted the following regulation—

“Scope of these Regulations1A

Notwithstanding the title to these Regulations—

(a)    regulations 3 and 9 to 12 apply also in relation to adhesives and to materials or articles covered by surface coatings; and

(b)    regulations 8A and 8B apply only in relation to adhesives and to materials or articles covered by surface coatings.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

4

4

In regulation 2 (interpretation)—

(a)    in paragraph (1)—

(i)    immediately after the definition of “additive” there shall be inserted the following definitions—

““adhesive” means anything which, for the purposes of Commission Directive 2002/16, is included among the adhesives to which that Directive applies;

“BADGE” means 2,2-bis(4-hydroxyphenyl) propane bis(2,3-epoxypropyl) ether;

“BFDGE” means bis(hydroxyphenyl) methane bis(2,3-epoxypropyl) ethers;”,

(ii)    for the definition of “capable” there shall be substituted the following definition—

““capable” means capable as established—

(a)    in relation to any plastic material or article, under regulation 6; and

(b)    in relation to any adhesive or material or article covered by a surface coating, under regulation 8B;”,

(iii)    immediately after the definition of “capable” there shall be inserted the following definitions—

““Commission Directive 2001/62” means Commission Directive 2001/62/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs;

“Commission Directive 2002/16” means Commission Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs;“

(iv)    for the definition of “the Directive” there shall be substituted the following definition—

““the Directive” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs;”,

(v)    immediately after the definition of “import” there shall be inserted the following definition—

““material or article covered by a surface coating” means anything which, for the purposes of Commission Directive 2002/16, is included among the materials and articles covered by surface coatings to which that Directive applies;”,

(vi)    immediately after the definition of “monomer” there shall be inserted the following definition—

““NOGE” means novolac glycidyl ethers not covered by Article 1(a) or (b) of Commission Directive 2002/16;”,

(vii)    at the end of the definition of “plastic material or article” there shall be added the following words “, except that, in the provisions referred to in paragraph (5) below, to the extent that they implement or relate to the enforcement of Commission Directive 2002/16, it means a material or article made of any type of plastic”, and

(viii)    after the definition of “sell” there shall be added the following definition—

““QMA” has the same meaning as it bears in the first sentence of the sub-paragraph relating to that term in paragraph 8 of Annex II to the Directive;”;

(b)    for paragraph (2) there shall be substituted the following provision—

“(2)    For the purposes of these Regulations, the supply in the course of a business, otherwise than on sale, of any plastic material or article, adhesive or material or article covered by a surface coating, shall be deemed to be a sale of the plastic material or article, adhesive or material or article covered by a surface coating concerned.”; and

(c)    immediately after paragraph (4) there shall be inserted the following paragraph—

“(5)    The provisions referred to in the definition of “plastic material or article” in paragraph (1) of this regulation are regulations 3, 4, 4A, 5, 6, 10, 11 and 12 and Schedules 3 and 4.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

5

5

In regulation 3 (restriction on the use, sale or importation of plastic materials and articles)—

(a)    for the heading there shall be substituted the following heading—

“Restriction on the use, sale or importation of plastic materials and articles, adhesives and materials and articles covered by surface coatings”;

(b)    in paragraphs (1) and (2), immediately after each reference to “plastic material or article” there shall be inserted a reference to “, adhesive or material or article covered by a surface coating”;

(c)    at the end of paragraph (4)(a)(iii) the word “or” shall be deleted;

(d)    for paragraph (4)(a)(iv) there shall be substituted the following provision—

“(iv)    it does not comply with regulation 4(5), (5A) or (5B), 4A(4), (5) or (6), 5(4), (4A), (4B) or (4C), 7 or 7A(1), or”;

(e)    immediately after paragraph (4)(a)(iv) there shall be inserted the following provision—

“(v)    it has been manufactured in contravention of a prohibition contained in regulation 4A(1), (2) or (3),”; and

(f)    there shall be added at the end the following paragraph—

“(5)    For the purposes of this regulation, an adhesive or a material or article covered by a surface coating fails to meet the requisite standards if—

(i)    it has been manufactured in contravention of a prohibition contained in regulation 8A(1), (2) or (3), or

(ii)    it does not comply with regulation 8A(4), (5) or (6).”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

6

6

In regulation 4 (restriction on manufacture with monomers)—

(a)    for the heading and paragraph (1) there shall be substituted the following provisions—

“Restriction on the use of monomers in the manufacture of plastic materials and articles

(1)    Subject to the following paragraphs of this regulation, no person shall use in the manufacture of any plastic material or article any prohibited monomer, that is to say—

(a)    any monomer (not being one to which sub-paragraph (b) or (c) below relates) which is not—

(i)    of good technical quality;

(ii)    identified by PM/REF No , CAS No (if any) and name in columns 1, 2 and 3 respectively of the relevant section of Part I of Schedule 1, and

(iii)    used in accordance with the restrictions and specifications (if any) for that monomer set out or referred to in the corresponding entry in column 4 of that section;

(b)    BFDGE to the extent that they are used in such manufacture—

(i)    on or after 1st January 2005, or

(ii)    prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or

(c)    NOGE to the extent that it is used in such manufacture—

(i)    on or after 1st January 2005, or

(ii)    prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.”;

(b)    in paragraph (2)—

(i)    for sub-paragraphs (b) and (c) there shall be substituted the following provisions—

“(b)    in the case of a plastic material or article manufactured on or after 30th November 2002 and before 1st January 2005, Section A or B; and

(c)    in the case of a plastic material or article manufactured on or after 1st January 2005, Section A.”;

(c)    for paragraph (3) there shall be substituted the following paragraph—

“(3)    Paragraph (1)(a) of this regulation does not apply to the use of a monomer in the manufacture of any—

(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)    epoxy resins;

(c)    adhesives and adhesion promoters; or

(d)    printing inks.”;

(d)    in paragraph (4), for the expression “Paragraph (1)” there shall be substituted the expression “Paragraph (1)(a)”;

(e)    immediately after paragraph (5) there shall be inserted the following provisions—

“(5A)    No plastic material or article manufactured using BFDGE as a monomer shall be capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(5B)    On or after 1st March 2003, no plastic material or article manufactured using NOGE as a monomer shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”; and

(f)    in paragraph (7)—

(i)    for the expression “paragraph (1)” there shall be substituted the expression “paragraph (1)(a)”, and

(ii)    after the words “Part I of Schedule 1” there shall be inserted the words “or to which sub-paragraph (b) or (c) of that paragraph relates”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

7

7

Immediately after regulation 4 there shall be inserted the following regulation—

“Restriction on the manufacture of plastic materials and articles using certain substances other than as monomers or additives4A

(1)    No person shall use BADGE in the manufacture of any plastic material or article, where the use is not as a monomer or an additive—

(a)    on or after 1st January 2005; or

(b)    prior to that date in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(2)    No person shall use BFDGE in the manufacture of any plastic material or article, where the use is not as a monomer or an additive—

(a)    on or after 1st January 2005; or

(b)    prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(3)    No person shall use NOGE in the manufacture of any plastic material or article, where the use is not as a monomer or additive—

(a)    on or after 1st January 2005; or

(b)    prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.

(4)    No plastic material or article manufactured using BADGE other than as a monomer or an additive shall be capable of transferring constituents of BADGE to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(5)    No plastic material or article manufactured using BFDGE other than as a monomer or an additive shall be capable of transferring constituents of BFDGE to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(6)    On or after 1st March 2003, no plastic material or article manufactured using NOGE other than as a monomer or an additive shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

8

8

In regulation 5 (restriction on manufacture with additives)—

(a)    for the heading and paragraph (1) there shall be substituted the following provisions—

“Restriction on the use of additives in the manufacture of plastic materials and articles

(1)    Subject to the following paragraphs of this regulation, no person shall use in the manufacture of any plastic material or article any prohibited additive, that is to say—

(a)    any additive identified by PM/REF No , CAS No (if any) and name in columns 1, 2 and 3 respectively of Part I of Schedule 2 or columns 1, 2 and 3 respectively of Part II of that Schedule, which—

(i)    is not of good technical quality, or

(ii)    is not used in accordance with the restrictions and specifications (if any) for that additive set out in the corresponding entry in column 4 of Part I or Part II, as appropriate;

(b)    BADGE to the extent that it is used in such manufacture—

(i)    on or after 1st January 2005, or

(ii)    prior to that date in contravention of the restriction specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex;

(c)    BFDGE to the extent that they are used in such manufacture—

(i)    on or after 1st January 2005, or

(ii)    prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or

(d)    NOGE to the extent that it is used in such manufacture—

(i)    on or after 1st January 2005, or

(ii)    prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.”;

(b)    in paragraph (2), immediately after the expression “Part I” there shall be inserted the expression “or Part II”;

(c)    for paragraph (3), there shall be substituted the following paragraph—

“(3)    Part III of Schedule 2 shall have effect to supplement this regulation and Parts I and II of that Schedule.”;

(d)    in paragraph (4)—

(i)    for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or II of Schedule 2”, and

(ii)    in each of sub-paragraphs (a) and (b), for the word “therein” there shall be substituted the expression “that column”;

(e)    between paragraphs 4 and 5 there shall be inserted the following paragraphs—

“(4A)    No plastic material or article manufactured using BADGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4B)    No plastic material or article manufactured using BFDGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4C)    On or after 1st March 2003, no plastic material or article manufactured using NOGE as an additive shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”; and

(f)    in paragraph (5), for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or Part II of Schedule 2”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

9

9

In regulation 6 (method of testing capability of transferring constituents)—

(a)    for the heading, the introductory words and paragraph (1)(a) there shall be substituted the following provisions—

“Method of testing the capability of plastic materials or articles to transfer constituents and methods of analysis

(1)    For the purposes of these Regulations, a plastic material or article shall be treated as being capable of transferring constituents other than NOGE to food with which it may come into contact to the extent that such capability is established—

(a)    in any case other than one to which sub-paragraph (b) below relates, and subject to Article 8.4 of the Directive (which may be applied on compliance with the conditions stated therein), by the verification methods specified in Schedules 3 and 4;”; and

(b)    after paragraph (3) there shall be added the following provisions—

“(4)    The specific migration of a constituent from a plastic material or article shall, where applicable, be determined in the manner specified in the relevant sub-paragraph of paragraph 8 of Annex II to the Directive.

(5)    The specific migration from a plastic material or article of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(6)    The specific migration from a plastic material or article of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(7)    Whether or not the detection requirement specified in Article 4 of Commission Directive 2002/16 is complied with in relation to a plastic material or article shall be determined in the manner specified in the second sentence of that Article.

(8)    The quantity of a constituent in a plastic material or article shall, where applicable, be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II to the Directive relating to the term “QM(T)” or, as the case may be, the sub-paragraph of that paragraph relating to the term “QMA”.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

10

10

For regulation 7A (specifications) there shall be substituted the following regulation—

“Specifications7A

(1)    Subject to paragraph (3), no plastic material or article manufactured using isocyanates or colourants prepared by diazo-coupling shall be capable of transferring in a detectable quantity primary aromatic amines (expressed as aniline), not being primary aromatic amines listed in these Regulations, to food with which that plastic material or article may come into contact.

(2)    Schedule 2B shall have effect for the purpose of prescribing, for certain items listed in Part I of Schedule 1, Part I or II of Schedule 2 or Schedule 2A, the specifications for those items which are referred to in column 4 of the Part or, as the case may be, Schedule concerned.

(3)    For the purposes of paragraph (1), “detectable quantity” means a quantity of at least DL0.02 milligrams per kilogram of food or food simulant (analytical tolerance included).”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

11

11

Immediately after regulation 8 (labelling) there shall be inserted the following regulations—

“Restriction on manufacture with certain substances of adhesives and materials and articles covered by surface coatings8A

(1)    No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use BADGE in the manufacture of any—

(a)    adhesive; or

(b)    material or article covered by a surface coating,

on or after 1st January 2005 or, prior to that date, in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(2)    No person shall (in any case not covered by Article 1.2 of Commission Directive 2002/16) use BFDGE in the manufacture of any—

(a)    adhesive; or

(b)    material or article covered by a surface coating,

on or after 1st January 2005 or, prior to that date, in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(3)    No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use NOGE in the manufacture of any—

(a)    adhesive; or

(b)    material or article covered by a surface coating,

on or after 1st January 2005 or, prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.

(4)    No adhesive or material or article covered by a surface coating, manufactured using BADGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BADGE to food with which the adhesive or, as the case may be, material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex 1 to that Directive, as read with the second sentence of paragraph 2 of that Annex.

(5)    No adhesive or material or article covered by a surface coating, manufactured using BFDGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BFDGE to food with which the adhesive or, as the case may be, material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to that Directive, as read with the second sentence of paragraph 2 of that Annex.

(6)    On or after 1st March 2003, no adhesive or material or article covered by a surface coating, manufactured using NOGE and not covered by Article 1(2) of Commission Directive 2002/16, shall fail to comply with the requirements of the first sentence of Article 4 of that Directive.

Method of testing the capability of adhesives and materials or articles covered by surface coatings to transfer constituents and methods of analysis8B

(1)    Subject to paragraphs (2) and (3) of this regulation, for the purposes of regulation 8A(1), (2), (4) and (5), an adhesive or material or article covered by a surface coating shall be treated as being capable of transferring BADGE or, as the case may be, BFDGE to food with which the adhesive or material or article may come into contact to the extent that such capability is established by the verification methods specified in Section A of Schedule 3 and in Schedule 4.

(2)    Subject to paragraph (3) of this regulation, in Section A of Schedule 3 and in Schedule 4, references to migration or release of a substance shall be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, the food with which the substance may come into contact.

(3)    For the purposes of paragraphs (1) and (2) of this regulation, Schedules 3 and 4 shall have effect as if—

(a)    the references in Section A of Schedule 3 and in Schedule 4 to “plastic material or article” were references to “adhesive or material or article covered by a surface coating”;

(b)    the references in paragraph 4(3) and (4) of Section A of Schedule 3 to “a migration limit specified in regulation 7, Schedule 1 or Schedule 2” were references to “a migration limit referred to in regulation 8A(4) or (5)”; and

(c)    the reference in paragraph 5 of Part II of Schedule 4 and paragraph 2(1)(b) of Part III of that Schedule to “regulation 7 or Schedule 1” were a reference to “regulation 8A(4) or (5)”.

(4)    The specific migration from an adhesive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(5)    The specific migration from an adhesive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(6)    Whether or not the detection requirement specified in Article 4 of Commission Directive 2002/16 is complied with in relation to an adhesive or a material or article covered by a surface coating shall be determined in the manner specified in the second sentence of that Article.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

12

12

In regulation 10 (offences)—

(a)    in paragraph (1), for the expression “regulation 3, 4(1), 5(1) or 8” there shall be substituted the expression “regulation 3, 4(1), 4A(1), (2) or (3), 5(1), 8(1) or 8A(1), (2) or (3)”;

(b)    in each of paragraphs (9) and (10), immediately after the words “plastic material or article” there shall be inserted the words “or, as the case may be, adhesive or material or article covered by a surface coating”; and

(c)    immediately after paragraph (15) there shall be added the following paragraphs—

“(16)    Subject to paragraph (18) of this regulation, in any proceedings for an offence under these Regulations it shall be a defence to prove that—

(a)    the act constituting the offence was committed in relation to a plastic material or article which was put into free circulation in the European Community before 30th November 2002; and

(b)    the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (17) of this regulation had not been in force at the time that matter occurred.

(17)    The provisions referred to in paragraph (16) of this regulation are regulations 5(d), 6(b), 8(a), (b) and (d), 10, 12(a) and 15 to 17 of the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002, to the extent that they implement those requirements of Commission Directive 2001/62 to which Article 2 of that Directive applies.

(18)    For the purposes of paragraph (16) of this regulation, “free circulation” shall have the same meaning as in Article 2 of Commission Directive 2001/62.

(19)    In any proceedings for an offence under these Regulations it shall be a defence to prove that—

(a)    the act constituting the offence was the sale of an adhesive or a material or article covered by a surface coating—

(i)    which was brought into contact with food before 28th February 2003,

(ii)    on which (in the case of a material or article covered by a surface coating) the date of filling of the material or article concerned appeared at the time of the sale, and

(iii)    the labelling or marking of which at the time of sale (in the case of a material or article covered by a surface coating) complied with the requirement as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs; and

(b)    the sale would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (20) of this regulation had not been in force at the time of sale.

(20)    The provisions referred to in paragraph (19) of this regulation are regulations 5(b) and (f), 8A and 12(a) of the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

13

13

In regulation 11 (presumption as to food with which a plastic material or article is to come into contact) and the heading to it, immediately after the words “plastic material or article”, wherever they appear, there shall be inserted the words “, adhesive or material or article covered by a surface coating”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

14

14

In regulation 12 (application of other provisions)—

(a)    in paragraph (1), after the words “plastic materials or articles” there shall be added the words “, adhesives and materials or articles covered by a surface coating”; and

(b)    in paragraph (3), for the words “relate to plastic materials or articles” there shall be substituted the words “apply to plastic materials or articles, adhesives or materials or articles covered by a surface coating”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

15

15

In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary)—

(a)    in Section A of Part I—

(i)    in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number, PM/REF No, CAS No (if any), name and restriction or specification specified for that monomer in that Part shall be inserted in the appropriate numerical position for that item number,

(ii)    in the case of each monomer named in the second column of Part II of Schedule 1 to these Regulations, for the item number for that monomer specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part, and

(iii)    in the case of each monomer named in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part;

(b)    for Section B of Part I there shall be substituted the contents of Part IV of Schedule 1 to these Regulations; and

(c)    in Part II, for paragraph 4 there shall be substituted the following paragraph—

“4

Where an entry in column 4 of Part I of this Schedule (restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in that Part :

(1)    Warning: there is a risk that the specific migration limit could be exceeded in fatty food simulants.

(2)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 10060 and 23920.

(3)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 15760, 16990, 47680, 53650 and 89440.

(4)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.

(5)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.

(14)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.

(21)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260 and 18670.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

16

16

In Schedule 2 (additives and supplementary)—

(a)    In Part I—

(i)    for the heading “Part I Additives” there shall be substituted the heading

“Part I
Incomplete List of Additives Used in the Manufacture of Plastic Materials and Articles (not being Additives to which Paragraph 5 of Part III of this Schedule Applies)”,

(ii)    in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number, PM/REF No , CAS No (if any), name and restriction or specification (if any) specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number,

(iii)    in the case of each additive named in the second column of Part II of Schedule 2 to these Regulations, for the item number for that additive specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part, and

(iv)    in the case of each additive named in the first column of Part III of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part, and

(v)    all the entries for the additive Silicic acid, salts, (item 241) shall be deleted;

(b)    immediately after Part I there shall be inserted the contents of Part IV of Schedule 2 to these Regulations (which shall become Part II of Schedule 2 to the principal Regulations on the coming into force of these Regulations);

(c)    in Part II—

(i)    in the heading, for the expression “Part II” there shall be substituted the expression

“Part III”;

(ii)    in paragraph 1, for the expression “Part I” there shall be substituted the expression “Parts I and II”;

(iii)    in each of paragraphs 2, 3 and 4, immediately after the expression “Part I” there shall be added the expression “or Part II”; and

(iv)    for paragraph 4 there shall be substituted the following paragraph—

“4

Where an entry in column 4 of Part I or Part II of this Schedule (in each case restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in those Parts :

(1)    Warning: there is a risk that the SML could be exceeded in fatty food simulants.

(2)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 10060 and 23920.

(3)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 15760, 16990, 47680, 53650 and 89440.

(4)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.

(5)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.

(6)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 66560 and 66580.

(7)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 30080, 42320, 45195, 45200, 53610, 81760, 89200 and 92030.

(8)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 42400, 64320, 73040, 85760, 85840, 85920 and 95725.

(9)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 30180, 40980, 63200, 65120, 65200, 65280, 65360, 65440 and 73120.

(10)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 45200, 64320, 81680 and 86800.

(11)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 36720, 36800 and 92000.

(12)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 39090 and 39120.

(13)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 44960, 68078, 82020 and 89170.

(14)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.

(15)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 49600, 67520 and 83599.

(16)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 50160, 50240, 50320, 50360, 50400, 50480, 50560, 50640, 50720, 50800, 50880, 50960, 51040 and 51120.

(17)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 67600, 67680 and 67760.

(18)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 60400, 60480 and 61440.

(19)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 66400 and 66480.

(20)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 93120 and 93280.

(21)    SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260 and 18670.”; and

(d)    immediately after paragraph 4 there shall be inserted the following paragraph—

“5

In the case of the substances listed in Part II of this Schedule, the specific migration limits specified in column 4 of that Part (restrictions and specifications) shall have effect with effect from 1st January 2004 where the verification of compliance is carried out in simulant D or in test media of substitute tests as prescribed in Council Directive 82/711/EEC and Council Directive 85/572/EEC.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

17

17

In Schedule 2B (specifications) in the case of each substance listed in Schedule 3 to these Regulations, the item number, PM/REF No and specification set out for that substance in that Schedule shall be inserted in the appropriate numerical position for that item number.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

18

18

In Schedule 3 (provisions applicable when testing compliance with the migration limits)—

(a)    in each of sub-paragraphs (3) and (4) of paragraph 4, immediately after the words “specified in regulation” there shall be inserted the expression “4(5A), 4A(4) or (5), 5(4A) or (4B) or”; and

(b)    for sub-paragraph (2)(b) of paragraph 8 there shall be substituted the following sub-paragraph—

“(b)    12 mg/kg or, as the case may be, 2 milligrams per square decimeter in migration tests using other simulants referred to in Schedule 4.”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990

19

Amendment of the Food Safety (Sampling and Qualifications) Regulations 199019

In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 (provisions to which those Regulations do not apply) the reference in the second column, opposite the reference in the first column to the Plastic Materials and Articles in Contact with Food Regulations 1998, shall be amended in relation to England so as to read “SI 1998/1376 as amended by SI 2000/3162 and SI 2002/[ ]”.

NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

Food & Drugs99 Consumer Law99

Signature

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under-Secretary of State,

Department of Health

16th September 2002

SCHEDULE 3 List of Substances to be Added to Schedule 2B in the Principal Regulations

SCHEDULE 3List of Substances to be Added to Schedule 2B in the Principal Regulations Regulation 17
ItemPM/REF NoSpecifications
4A43680CHLORODIFLUOROMETHANE
Content of chlorofluoromethane less than 1 mg/kg of the substance
4B47210DIBUTYLTHIOSTANNOIC ACID POLYMER
Molecular unit = (C8H18S3Sn2)n (n = 1,5–2)
5A83595REACTION PRODUCT OF DI-TERT-BUTYLPHOSPHONITE WITH BIPHENYL, OBTAINED BY CONDENSATION OF 2,4-DI-TERT-BUTYLPHENOL WITH FRIEDEL CRAFT REACTION PRODUCT OF PHOSPHORUS TRICHLORIDE AND BIPHENYL
Composition
—4,4'- Biphenylene- bis [0,0-bis (2,4-di-tert-butylphenyl) phosphonite] (CAS No 38613–77–3) (36–46% w/w (1))
—4,3'- Biphenylene-bis [0,0-bis (2,4-di-tert-butylphenyl) phosphonite] (CAS No 118421–00–4) (17–23% w/w)
—3,3'- Biphenylene-bis [0,0-bis (2,4-di-tert-butylphenyl) phosphonite] (CAS No 118421–01–5) (1–5% w/w)
—4-Biphenylene-0,0-bis [0,0- bis (2,4-di-tert- butylphenyl) phosphonite] (CAS No 91362–37–7) (11–19% w/w)
—Tris (2,4-di-tert-butylphenyl) phosphite (CAS No 31570–04–4) (9–18% w/w)
—4,4'- Biphenylene-0,0-bis (2,4-di-tert-butylphenyl) phosphonate-0,0-bis(2,4-di-tert- butylphenyl)phosphonite (CAS No 112949–970) (5% w/w)
Other specifications
—Phosphor content of minimum 5.4% to 5.9%
—Acid value of maximum 10 mg KOH per gram
—Melt range of 85–110°C
NOTES
Initial Commencement
Specified date

Specified date: 30 November 2002: see reg 1.

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)1

These Regulations, which extend to England only, amend for the second time the Plastic Materials and Articles in Food Regulations 1998 (SI 1998/1376, “the 1998 Regulations”), which extend to the whole of Great Britain. The Regulations implement—

(a)    Commission Directive 2001/62/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs (OJ No L221, 17.8.2001, p 18);

(b)    Commission Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (OJ No L51, 22.2.2002, p 27); and

(c)    (in minor respects) Commission Directive 2002/17/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs (OJ No L58, 28.2.2002, p 19).

2

The Regulations also reflect the revocation, with effect from 4th September 2002, of Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs (OJ No L75, 21.3.1990) as amended and its re-enactment in consolidated form by Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs (OJ No L220, 15.8.2002, p 18).

3

The Regulations amend the 1998 Regulations by—

(a)    adding a provision declaring that, in addition to regulating (as previously) the contact with food of certain types of plastic materials and articles, the 1998 Regulations now also include provisions which regulate the contact with food of certain other types of food contact materials, namely adhesives and materials or articles covered by surface coatings (regulation 3);

(b)    providing for the definition of “plastic material or article” to have an extended meaning where that term is used in the context of provisions added to the 1998 Regulations in implementation of Commission Directive 2002/16/EC (regulation 4(a)(vii) and (c));

(c)    extending, so as to apply to adhesives and materials and articles covered by surface coatings, the provisions in the 1998 Regulations which—

(i)    give to the term “sale” an extended meaning for the purposes of those Regulations,

(ii)    prohibit the use, sale or importation of plastic materials and articles not meeting specified standards,

(iii)    make available the defence of “due diligence” in the case of offences relating to plastic materials and articles,

(iv)    create a presumption as to the accuracy of any particulars shown in relation to a plastic material or article which may come into contact with food, and

(v)    apply for the purposes of those Regulations, in relation to plastic materials and articles, various provisions of the Food Safety Act 1990 (regulations 4(b), 5, 12(b), 13 and 14 respectively);

(d)    adding to the provisions restricting the use of certain substances as monomers or additives in the manufacture of plastic materials or articles, provisions restricting the use of 2,2-bis(4-hydroxyphenyl) propane bis(2,3-epoxypropyl) ether, (“BADGE”), bis(hydroxyphenyl) methane bis(2,3-epoxypropyl) ethers (“BFDGE”) and novolac glycidyl ethers (“NOGE”) as monomers or additives in such manufacture (regulations 6(a) and 8(a));

(e)    changing (from 31st December 2001 to 31st December 2004) the date beyond which the monomers listed in Section B of Schedule 1 to the 1998 Regulations may no longer be used in the manufacture of plastic materials or articles and modifying the list of the types of plastic materials and articles to which the restrictions on the use of monomers in their manufacture do not apply (regulation 6(b) and (c));

(f)    introducing new restrictions on the manufacture of plastic materials and articles using BADGE, BFDGE or NOGE other than as monomers or additives (regulation 7);

(g)    amending the provisions governing the testing of the capability of plastic materials and articles to transfer their constituents to food, in particular by adding provisions governing the testing of that capability in the case of BADGE, BFDGE and NOGE (regulations 9 and 18);

(h)    adding a provision restricting the extent to which certain plastic materials or articles are allowed to transfer certain substances to food (regulation 10);

(i)    introducing new restrictions on the manufacture of adhesives or materials and articles covered by surface coatings using BADGE, BFDGE or NOGE and new provisions governing the testing of the capability of such adhesives, materials or articles to transfer those substances to food (regulation 11);

(j)    making it an offence to contravene any of the restrictions referred to in sub-paragraphs (d), (f) or (i) above and including transitional provisions (regulation 12 (a) and (c));

(k)    adding new substances to the list of monomers which may be used in the manufacture of plastic materials or articles and amending the conditions of use of certain monomers used in such manufacture (regulation 15);

(l)    adding new substances to the non-exhaustive list of additives used in the manufacture of plastic materials or articles, amending the conditions of use of certain additives used in such manufacture and deleting one additive from that list (regulations 8(a) and 16);

(m)    adding certain substances to the list of substances whose specifications are set out in Schedule 2B to the 1998 Regulations (regulation 17); and

(n)    making a consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 19).

4

A regulatory impact assessment, which includes a compliance cost assessment of the effect that they are likely to have on business costs, has been prepared for these Regulations and has been placed in the Library of each House of Parliament, together with a transposition note setting out how the main elements of the Directives referred to in paragraph 1 above are transposed into domestic law by these Regulations. Copies may be obtained from the Chemical Safety and Toxicology Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.

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