The Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2005

© Crown Copyright 2005

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2005, ISBN 0110910621. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) at the end of the definition of "Commission Directive 2002/16" add the words "as amended by Commission Directive 2004/13/EC"[5];

(b) at the end of the definition of "the Directive" add the words "as amended by Commission Directive 2004/1/EC"[6].

     4. In the following provisions, substitute the figure "2006" for the figure "2005"  - 

(a) regulation 4A(1)(a);

(b) regulation 5(1)(b)(i);

(c) regulation 8A(1);

(d) in section A of Part I of Schedule 1, at item 40 in column 4 (restrictions and specifications).

     5. In Part I of Schedule 2, at item 27A in column 4 (restrictions and specifications), after the words "For use only as a blowing agent" add the words "Use prohibited as from 2 August 2005".

     6. In regulation 10 (offences)  - 

(a) for paragraph (19) substitute the following provision  - 

    " (19) In any proceedings for an offence under regulation 3(1)(a) or (b) in relation to the requisite standards applicable to adhesives and materials and articles covered by a surface coating it shall be a defence to prove that  - 


(a) the adhesive, material or article was brought into contact with food before 28 February 2003;

(b) the date of filling (or subject to paragraph (24) of this regulation a coded indication of the date of filling) of the material or article concerned appeared on the adhesive, material or article at the time of sale; and

(c) the labelling or marking with the particulars mentioned in subparagraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council.";



(b) omit paragraph (20);

(c) immediately after paragraph (22) add  - 

    " (23) In any proceedings for an offence under regulations 3(1)(a) or (b) in relation to the sale as from 2 August 2005 of a plastic material or article containing azodicarbonamide with reference number 36640 in Part I of Schedule 2 it shall be a defence to prove that - 


(a) the plastic material or article was brought into contact with food before 2 August 2005,

(b) the date of filling (or subject to paragraph (24) of this regulation a coded indication of the date of filling) of the material or article concerned appeared on the plastic material or article at the time of sale, and

(c) the labelling or marking with the particulars mentioned in subparagraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council.



    (24) For the purposes of paragraph (19)(b) and paragraph (23)(b) of this regulation the date signified by a coded indication shall have been made available on request to the Food Standards Agency and the enforcement authority.".

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[7]


D. Elis-Thomas
The Presiding Officer of the National Assembly

1 February 2005

     3. A regulatory appraisal has been prepared for these Regulations and has been placed in the Library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Commission Directive 2004/13/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.

[2] Functions of "the Secretary of State" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the Food Standards Act 1999.back

[3] OJ No. L31, 1.2.2002, p.1.back

[4] S.I. 1998/1376, amended by S.I. 2001/1263 (W.70), S.I. 2002/2834 (W.272) and S.I. 2003/302 (W.44).back

[5] OJ No. L27, 30.1.2004, p.46.back

[6] OJ No. L7, 13.1.2004, p.45.back

[7] 1998 c.38back