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The Secretary of State, in exercise of the powers conferred on him by sections 16(2), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in him[2], having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after consultation 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[3], makes the following Regulations: Title, application and commencement 1. These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005, shall apply in relation to England only and shall come into force on 11th March 2005. Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998 2. The Plastic Materials and Articles in Contact with Food Regulations 1998[4] are amended, in so far as they apply in relation to England, in accordance with regulations 3 to 16 of these Regulations. 3. In regulation 2 (interpretation) -
(ii) in the definition of "Council Directive 82/711", omit the words "as amended" to the end; (iii) after the definition of "Council Directive 82/711" insert the following definitions -
(v) for the definition of "EEA State" substitute ""EEA State" means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;"; (vi) after the definition of "EEA State" insert the following definition -
4.
In regulation 4 (restriction on the use of monomers in the manufacture of plastic materials and articles) -
(b) in paragraph (5)(b)(ii) after the word "material" in each case insert the words "or article".
5.
In regulation 5 (restriction on the use of additives in the manufacture of plastic materials and articles) -
(ii) where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Council Directive 89/107 or Council Directive 88/388 as appropriate, or in Schedule 2 to these Regulations, whichever is the lower.";
(b) in paragraph (4)(b)(ii) after the word "material" in each case insert the words "or article".
6.
After regulation 5A insert the following regulation -
5B. - (1) This regulation applies where a person wishes to make an application for the inclusion of an eligible additive in the Community list referred to in Article 4 of the Directive. (2) An application mentioned in paragraph (1) including supporting data must be made to EFSA before 1st January 2007. (3) If, during examination of the data referred to in paragraph (2), EFSA calls for supplementary information, the eligible additive may, if permitted to be used under English law, continue to be so used until EFSA has issued an opinion, provided such information is submitted within the time limits specified by EFSA. (4) For the purposes of this regulation an eligible additive is one whose use is permitted in one or more Member States before 1st January 2007.".
7.
For regulation 8 (labelling) substitute the following -
(b) provides, in respect of substances that are subject to a restriction on quantities migrating into food, information obtained from experimental data or theoretical calculation concerning -
(ii) where appropriate, purity criteria in accordance with the purity Directives.".
8.
In regulation 10 (offences) -
(b) after paragraph (24) add -
(b) the act constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005 had not been in force at the time that act occurred.".
9.
In Schedule 1, Part I -
(ii) for items 15A, 39, 70, 120B, 147, 147A, 147B and 188 substitute the entries set out in Schedule 2 to these Regulations; (iii) omit items 76B and 76C with their corresponding entries;
(b) omit Sections B and C.
10.
In Schedule 1, Part II (supplementary) paragraph 4 -
(b) after note (25) add the following -
(28) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 13480 and 39680. (29) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 22775 and 69920. (32) Compliance testing when there is a fat contact should be performed using isooctane as substitute of simulant D (unstable). (33) QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 14800 and 45600."
11.
In Schedule 2, Part I (incomplete list of additives used in the manufacture of plastic materials and articles) -
(b) for items 60A and 198A substitute the entries set out in Schedule 4 to these Regulations; (c) omit items 112, 173A, 195C and 240 with their corresponding entries.
12.
In Schedule 2, Part II (incomplete list of additives used in the manufacture of plastic materials and articles to which paragraph 5 of Part III of Schedule 2 applies) -
(b) omit items 28, 80 and 111A with their corresponding entries.
13.
In Schedule 2, Part III (supplementary) -
(ii) in note (10), after "levels" insert "(expressed as iodine)"; (iii) at the end of note (21), for "and 18670," substitute ",18670, 54880 and 59280"; (iv) after note (24) add the following -
(27) QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 10599/90A, 10599/91, 10599/92A and 10599/93. (28) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 13480 and 39680. (29) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 22775 and 69920. (30) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 86480, 86960 and 87120. (31) Compliance testing when there is a fat contact should be performed using saturated fatty food simulants as simulant D. (32) Compliance testing when there is a fat contact should be performed using isooctane as substitute of simulant D (unstable). (33) QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 14800 and 45600. (34) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 55200, 55280 and 55360.";
14.
In Schedule 2A (products obtained by bacterial fermentation) for the entry in the column headed "restrictions and specifications" substitute the following -
15.
For the table in Schedule 2B (specifications) substitute the table set out in Schedule 6 to these Regulations.
(ii) the conditions for non-compulsory testing set out in article 8.2 or 8.3 of the Directive are met.".
(This note is not part of the Regulations) 1. These Regulations, which apply in relation to England only, further amend the Plastic Materials and Articles in Contact with Food Regulations 1998 (S.I. 1998/1376, "the 1998 Regulations"), which extend to the whole of Great Britain. These Regulations implement in England Commission Directive 2004/19/EC amending 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), ("the Directive"). 2. The Regulations amend the 1998 Regulations by -
(b) removing references to lists of substances whose authorisations are now spent (regulation 4(a)); (c) extending to articles the provisions of regulation 4(5) of the 1998 Regulations that formerly only applied to materials (regulation 4(b)); (d) adding a restriction on the use of additives in the manufacture of plastic materials and articles which relates to substances also used as food additives or flavourings (regulation5(a)) ; (e) extending to articles the provisions of regulation 5(4) of the 1998 Regulations that formerly only applied to materials (regulation 5(b)); (f) making provision for the procedure to be followed and the time limits to be observed by any person wishing to have an additive included in the Community list of authorised additives (regulation 6); (g) amending the labelling requirements for plastic materials and articles at the pre-retail stage so as to require additional information to be given (regulation 7); (h) making a consequential amendment to regulation 10 (offences) brought about by the amendment to the labelling requirements (regulation 8(a)); (i) providing a defence to breach of the 1998 Regulations as last amended by these Regulations in respect of plastic materials or articles manufactured or imported into the European Community before 1st March 2006 (regulation 8(b)).
3.
They also amend the Schedules to the 1998 Regulations by -
(b) removing the lists of entries for monomers authorised with a time limit that has now expired (regulation 9(b)); (c) adding further supplementary specifications in Part II of Schedule 1 (regulation 10); (d) inserting new entries and amending or removing some existing entries in the list of additives used in the manufacture of plastic materials articles in Part I of Schedule 2 (regulation 11 and Schedules 3 & 4); (e) inserting new entries and removing some existing entries in the list of additives used in the manufacture of plastic materials and articles set out I Part II of Schedule 2 (regulation12 and Schedule 5); (f) adding further supplementary specifications to Part III of Schedule 2, and extending the time limit applicable to substances listed in Part II of that Schedule (regulation 13); (g) amending the restrictions and specifications in the entry in Schedule 2A relating to products obtained by bacterial fermentation (regulation 14); (h) inserting new entries and amending or removing some existing ones in the specifications set out in Schedule 2B (regulation 15 and Schedule 6); (i) adding a provision to the basic rules for overall and specific migration testing using food simulants set out in Part I of Schedule 4, to allow for migration testing to be omitted in the specific circumstances provided for in the Directive (regulation 16).
4.
A regulatory impact assessment 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 Commission Directive 2004/19/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Chemical Safety Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1990 c. 16.back [2] Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable, in relation to England, by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28). Those functions, 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 1999 Act. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act. Section 17(1) was amended by paragraph 12(a), and section 48 by paragraph 21, of Schedule 5 to the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether or not with others) under the Food Safety Act 1990.back [3] OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).back [4] S.I. 1998/1376, amended in relation to England by S.I. 2000/3162, S.I. 2002/2364, S.I. 2002/3008 and S.I. 2004/3113.back [5] OJ No. L184, 15.7.88, p.61. This Directive was last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Commission (OJ No. L284, 31.10.2003, p.1).back [6] OJ No. L40, 11.2.89, p.27. This Directive was last amended by Regulation (EC) No 1882/2003.back [7] OJ No. L178, 28.7.95, p.1. This Directive was last amended by Commission Directive 2004/46 (OJ No. L114, 21.4.2004, p.15).back [8] OJ No. L226, 22.9.95, p.1. This Directive was last amended by Commission Directive 2004/47 (OJ No. L113, 20.4.2004, p.24).back [9] OJ No. L339, 30.12.96, p.1. This Directive was last amended by Commission Directive 2003/95 (OJ No. L283, 31.10.2003, p.71).back
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