Statutory Rule 1998 No. 264

Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998

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STATUTORY RULES OF NORTHERN IRELAND

1998 No. 264
FOOD
Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998

	Made	27th July 1998
	Coming into operation	14th September 1998

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Articles 15(2), 16(1), 25(1)(a) and (3), 32 and 47(2) of the Food Safety (Northern Ireland) Order 1991[1] and, being a designated Department[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to materials and articles in contact with food or drink or intended for such contact, in exercise of the powers conferred on it by the said section 2(2) and of all other powers enabling it in that behalf and after consultation in accordance with Article 47(3) of the said Order with such organisations as appear to it to be representative of interests likely to be substantially affected by these Regulations (in so far as the Regulations are made in exercise of the said Order), hereby makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998 and shall come into operation on 14th September 1998.

Interpretation
2. - (1) In these Regulations -

"additive" means a substance, other than one which directly influences the formation of polymers which is -

"capable" means capable as established under regulation 6;

"Council Directive 82/711" means Council Directive 82/711/EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs[

"EEA State" means a State (other than the United Kingdom) which is a contracting party to the EEA Agreement;

"food" has the same meaning as it has in Article 15(5) of the Order;

"good technical quality" means good technical quality as regards the purity criteria;

"import" means import in the course of a business;

"monomer" means anything which is included for the purposes of the Directive among monomers and other starting substances;

"the Order" means the Food Safety (Northern Ireland) Order 1991;

"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;

"sell" includes offer or expose for sale or have in possession for sale;

    (2) For the purposes of these Regulations the supply of any plastic material or article, otherwise than on sale, in the course of a business shall be deemed to be a sale of the plastic material or article.

    (3) Any expression, other than one defined in paragraph (1), used both in these Regulations and in the Directive, Council Directive 82/711, or Council Directive 85/572 EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs[13] has the same meaning as it bears in the Directive in which it appears.

    (4) The Interpretation Act (Northern Ireland) 1954[14] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Restriction on the use, sale or importation of plastic materials and articles
     3. - (1) A plastic material or article which fails to meet the requisite standards shall not be -