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Statutory Instruments

2008 No. 1682 (W.162)

FOOD, WALES

The Plastic Materials and Articles in Contact with Food (Wales) (No.2) Regulations 2008

Made

27 June 2008

Laid before the National Assembly for Wales

27 June 2008

Coming into force

for the purpose of regulation 30(a)

30 June 2008

for all other purposes

1 July 2008

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART 1

    Preliminary

    1. 1. Title, application and commencement

    2. 2. Interpretation

  2. PART 2

    Requirements for Materials and Articles

    1. 3. Restriction on the use, sale or import of plastic materials and articles

    2. 4. Restriction on the use of monomers in the manufacture of plastic materials and articles

    3. 5. Restriction on the use of additives in the manufacture of plastic materials and articles

    4. 6. Required standard for non-migration of constituents of monomers

    5. 7. Required standard for non-migration of constituents of additives

    6. 8. Required standard for products obtained by bacterial fermentation

    7. 9. Required standards relating to overall migration limits

    8. 10. Required standard for non-migration of primary aromatic amines

    9. 11. Required standard relating to plastic multi-layer materials and articles

    10. 12. Provisions relating to the use of certain epoxy derivatives (BADGE, BDGE and NOGE)

    11. 13. Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis

    12. 14. Labelling and documentation

  3. PART 3

    Execution and Enforcement

    1. 15. Enforcement

    2. 16. Offences and Penalties

    3. 17. Offences by corporate bodies or Scottish partnerships

    4. 18. Time limit for prosecutions

    5. 19. Offences due to the act or default of a third party

    6. 20. Defence of exercising due diligence etc

    7. 21. Transitional defence relating to PVC gaskets containing epoxidised soybean oil

    8. 22. Other transitional defences and savings

    9. 23. Procedure where a sample is to be analysed

    10. 24. Secondary analysis by the Government Chemist

  4. PART 4

    Application for Authorisation

    1. 25. Applications for inclusion of an additive in the Community list of authorised additives

  5. PART 5

    General and Supplementary

    1. 26. Application of provisions of the Act

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

    3. 28. Amendments to the Materials and Articles in Contact with Food (Wales) Regulations 2007

    4. 29. Amendment of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Wales) Regulations 2008

    5. 30. Revocations

    1. SCHEDULE 1

      Supplementary Provisions relating to Annexes II and III

    2. SCHEDULE 2

      Provisions applicable when Testing Compliance with the Migration Limits

    3. SCHEDULE 3

      Overall and Specific Migration Testing Using Food Simulants

      1. PART 1

        Basic Rules

      2. PART 2

        Food Simulants to be used in Migration Testing

      3. PART 3

        Selection of Food Simulants

      4. PART 4

        Simulants to be used in relation to a Specific Food or Group of Foods

      5. PART 5

        Migration Test Conditions (Times and Temperatures)

      6. PART 6

        Substitute Fat Test for Overall and Specific Migration

      7. PART 7

        Alternative Fat Tests for Overall and Specific Migration

    4. SCHEDULE 4

      Information to be contained in a declaration of compliance

Go to Explanatory Note

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 1990(1), and now vested in them(2), as read with paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

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. 178/2002 of 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 safety(4), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

(1)

1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990. Back [1]

(2)

Functions of the Secretary of State so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act, and thereafter transferred to the Welsh Ministers by section 162 and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32). Back [2]

(3)

1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006, c. 51). Back [3]

(4)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 202/2008 (OJ No. L60, 5.3.2008, p.17). Back [4]

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