Statutory Rule 2003 No. 2

      Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003

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STATUTORY RULES OF NORTHERN IRELAND

2003 No. 2

FOOD

Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003

  Made 3rd January 2003 
  Coming into operation 28th February 2003 

The Department of Health, Social Services and Public Safety[1], 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[2], having had regard, in accordance with Article 47(3A) of the said Order, 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], and in accordance with Article 47(3) and (3B) 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 (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 28th February 2003.

Amendments to the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998
     2. The Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998[4] ("the principal Regulations") shall be amended in accordance with regulations 3 to 6.

     3. In regulation 10 (offences), immediately after paragraph (18) there shall be added the following paragraphs-

        " (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 committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2004 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions specified in paragraph (20) had not been in force at the time that matter occurred; or

      (b) the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2003, and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 4(a)(i) and (b) (in so far as they relate to the monomer divinylbenzene) and 6 of the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003 had not been in force at the time that matter occurred.

        (20) The provisions referred to in paragraph (19)(a) are the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003, except in so far as they relate to the monomer divinylbenzene.".

     4. 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)-

     5. In Schedule 2 (additives and supplementary)-

     6. In Schedule 2B (specifications) in the case of the substance specified 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 and letter.



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


3rd January 2003.

L.S.


Don Hill
A Senior Officer of the Department of Health, Social Services and Public Safety


SCHEDULE 1
Regulation 4(a)(i), (ii) and (iv) and (b)



PART I

list of monomers to be added to section a of part i of schedule i to the principal regulations

Item PM/REF No. CAS No. Name Restrictions and specifications
33B 13075 00091-76-9 Benzoguanamine see "2,4-Diamino-6-Phenyl-1,3,5-Triazine"
47B 13620 10043-35-3 Boric acid SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption[5].
49A 13720 00110-63-4 1,4-Butanediol SML(T) = 0.05 mg/kg (23)
76A 15310 00091-76-9 2,4-Diamino-6-phenyl-1,3,5-triazine QMA = 5 mg/6 dm2
92A 16650 00127-63-9 Diphenyl sulphone SML(T) = 3 mg/kg (24)
93A 16690 01321-74-0 Divinylbenzene QMA = 0.01 mg/6 dm2 of SML = ND (DL = 0.02 mg/kg, analytical tolerance included) for the sum of divinylbenzene and ethylvinylbenzene and in compliance with the specifications laid down in Schedule 2B.
93C 16697 00693-23-2 n-Dodecanedioic Acid     
120A 18897 16712-64-4 6-Hydroxy-2-naphthalenecarboxylic acid SML = 0.05 mg/kg
120B 18898 103-90-2 N-(4-Hydroxyphenyl) acetamide Only to be used in liquid crystals and behind a barrier layer in multi-layered plastics.
147B 22332 28679-16-5 Mixture of (40% w/w) 2,2,4-trimethylhexane-1,6-diisocyanate and (60% w/w) 2,4,4- trimethylhexane-1,6-diisocyanate QM(T) = 1 mg/kg (expressed as NCO) (25)
217A 25840 03290-92-4 1,1,1-trimethyl-olpropane trimethacrylate SML = 0.05 mg/kg



PART II

list of monomers for which the entry contained in the first column (item) of section a of part i of schedule 1 to the principal regulations is to be amended

Item Name
49B 1.4-Butanediol bis(2.3-epoxypropyl)ether
49C 1,4-Butanediol formal
76B 1,6-Diamino-2,2,4-trimethylhexane
76C 1,6-Diamino-2,4,4-trimethylhexane
93B N,N'-Divinyl-2-imidazolidone
93D 1-Dodecene
217B Trioxane



PART III

list of monomers for which the entry contained in column 4 (restrictions) of section a of part i of schedule 1 to the principal regulations is to be amended

Name Restrictions and specifications
Chlorotrifluoroethylene QMA = 0.5 mg/6 dm2
Cyclohexyl isocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Dicyclohexylmethane-4,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
3,3'-Dimethyl-4,4'-diisocyanatobiphenyl QM(T ) = 1 mg/kg (expressed as NCO) (25)
Diphenylether-4,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Diphenylmethane-2,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Diphenylmethane-4,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Hexamethylene dissocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
1-isocyanato-3-isocyanatomethyl-3,5,5-trimethylcyclohexane QM(T ) = 1 mg/kg (expressed as NCO) (25)
1,5-Naphthalene diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Octadecyl isocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
2,4-Toluene diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
2,6-Toluene diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
2,4-Toluene diisocyanate dimer QM(T ) = 1 mg/kg (expressed as NCO) (25)



PART IV

list of monomers for which all the entries contained in section b of part i of schedule 1 to the principal regulations are to be deleted

Benzoguanamine

1,4-Butanediol

2,4-Diamino-6-phenyl-1,3,5-triazine

Divinylbenzene

n-Dodecanedioic acid

1,1,1-Trimethylolpropane trimethacrylate



SCHEDULE 2
Regulation 5(a)(i) and (iii) and (b)



PART I

list of additives to be added to part i of schedule 2 to the principal regulations

Item PM/REF No. CAS No. Name Restrictions and specifications
27b 36840 12007-55-5 Barium tetraborate SML(T) = 1 mg/kg expressed as barium (11) and SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.
38C 40320 10043-35-3 Boric acid sml(t) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.
40A 40580 00110-63-4 1,4-Butanediol SML(T) = 0.05 mg/kg (23)
188B 71670 178671-58-4 Pentaerythritol tetrakis (2-cyano-3,3-diphenylacrylate) SML(T) = 0.05 mg/kg
246A 87040 01330-43-4 Sodium tetraborate SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.



PART II

additive for which the entry contained in column 4 (restrictions and specifications) of part i of schedule 2 to the principal regulations is to be amended

Name Restrictions and specifications
Bis(polyethyleneglycol) hydroxymethylphosphonate SML = 0.6 mg/kg



PART III

list of additives to be added to part ii of schedule 2 to the principal regulations

Item PM/REF No. CAS No. Name Restrictions and specifications
27A 45650 6197-30-4 2-Cyano-3,3- diphenylacrylic acid, 2-ethylhexyl ester SML = 0.05 mg/kg
82A 68860 04724-48-5 n-Octylphosphonic acid SML = 0.05 mg/kg
111A 95000 28931-67-1 Trimethylolpropane trimethacrylate-methyl methacrylate copolymer     



PART IV

list of additives for which the entry contained in column 4 (restrictions and specifications) of part ii of schedule 2 to the principal regulations is to be amended

Name Restrictions and specifications
n,n-bis(2-hydroxyethyl)alkyl (C8-C18) amine hydrochlorides SML(T) = 1.2 mg/kg (12) expressed as tertiary amine (expressed excluding HCl)
Diphenyl sulphone SML(T) = 3 mg/kg (24)



SCHEDULE 3
Regulation 6


SUBSTANCE TO BE ADDED TO SCHEDULE 2B TO THE PRINCIPAL REGULATIONS


Item PM/Ref No. Specifications
1 16690 Divinylbenzene - must not contain more than 40% ethylvinylbenzene


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations, which amend for the third time the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998 ("the principal Regulations"), implement Commission Directive 2002/17/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs (O.J. No. L58, 28.2.2002, p. 19), except paragraph 1(a) of the Annex and paragraph 2(a)(ii) of the Annex in so far as it relates to the additives benzaldehyde and camphor, which were implemented by the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 316).

The Regulations amend the principal Regulations by-

    (a) adding a transitional provision in respect of proceedings for an offence under them (regulation 3);

    (b) 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 4);

    (c) adding new substances to the non-exhaustive list of additives used in the manufacture of plastic materials or articles and amending the conditions of use of certain additives used in such manufacture (regulation 5); and

    (d) adding certain substances to the list of substances whose specifications are set out in Schedule 2B to the principal Regulations (regulation 6).

Notes:

 [1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3(6)back

[2] S.I. 1991/762 (N.I. 7) as amended by S.I.1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back

[3] O.J. No. L31, 1.2.2002, p. 1back

[4] S.R. 1998 No. 264, as amended by S.R. 2000 No. 402 and S.R. 2002 No. 316back

[5] OJ No. L330, 5.12.1998, p. 32back


ISBN 0 33794535 7


 


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Prepared 14 January 2003