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The Department of Health, Social Services and Public Safety[1] makes the following Regulations in exercise of the powers conferred on it by Articles 15(2), 16(1), 25(1)(a), 2(a) and (3), 26(3) and 47(1) of the Food Safety (Northern Ireland) Order 1991[2]; In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order it has had regard to relevant advice given by the Food Standards Agency and consulted as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council[3] of 28 January 2002 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. Citation and Commencement 1. —(1) These Regulations may be cited as the Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006 (2) These Regulations shall come into operation on 20th May 2006 except for regulation 3(3)(a) and (b) and regulation 4 which shall come into operation on 20th May 2007. Interpretation 2. In these Regulations —
(b) which, in its finished state, is intended to come into contact with foodstuffs, or which is in contact with foodstuffs, and is intended for that purpose;
but does not include an article which is supplied as an antique;
Limits on the transfer of lead and cadmium
(b) import; or (c) place on the market,
a ceramic article which does not comply with the requirements in paragraph (1).
(b) the test conditions; (c) the name and the address of the laboratory that performed the testing; (d) evidence that the materials used to make the ceramic article did not contain lead or cadmium.
(4) This regulation does not apply to a ceramic article which is second-hand.
(b) on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both.
(3) In proceedings for an offence in respect of failure to comply with regulation 4 it shall be a defence to prove that the ceramic article to which the offence relates was first placed on the market in the Community before 20 May 2007.
(b) Article 20 (1), (5) and (6) (defence of due diligence); (c) Article 34 (obstruction etc. of officers); (d) Article 35 (time limit for prosecutions) with the modification that the reference to Article 36(2) of the Order shall be a reference to regulation 6 of these Regulations; (e) Article 36(1), (2) and (3) (punishment of offences) in so far as it relates to offences under Article 34 as applied by this regulation);
Consequential Amendments
The quantity of lead and/or cadmium extracted during the test carried out under the conditions laid down in Schedule 2 shall not exceed the following limits:
Where a ceramic article does not exceed the above quantities by more than 50% , that article shall nevertheless be recognised as satisfying the requirements of these Regulations if at least three other articles with the same shape, dimensions, decoration and glaze are subjected to a test carried out under the conditions laid down in Schedule 2 and the average quantities of lead and cadmium extracted from those articles do not exceed the limits set, with none of those articles exceeding those limits by more than 50% . Where a ceramic article consists of a vessel fitted with a ceramic lid, the lead and cadmium limit which may not be exceeded (mg/dm2 or mg/litre) shall be that which applies to the vessel alone. The vessel alone and the inner surface of the lid shall be tested separately and under the same conditions; (1) the sum of the two lead and cadmium extraction levels obtained shall be related as appropriate to the surface area or the volume of the vessel alone. Test liquid ("simulant") 1. 4% (v/v) acetic acid, in a freshly prepared aqueous solution. Test conditions 2. —(1) Carry out the test at a temperature of 22 ± 2°C for a duration of 24 ± 0.5 hours. (2) When the migration of lead is to be determined, cover the sample by an appropriate means of protection and expose it to the usual lighting conditions in a laboratory. (3) When the migration of cadmium or of lead and cadmium is to be determined, cover the sample so as to ensure that the surface to be tested is kept in total darkness. Filling 3. —(1) Samples which can be filled —
(b) Samples with a flat or slightly sloping rim should be filled so that the distance between the surface of the liquid and the overflow point is no more than 6mm measured along the sloping rim.
(2) Samples which cannot be filled —
Determination of the surface area Object and field of application 1. The method allows the specific migration of lead and cadmium to be determined. Principle 2. The determination of the specific migration of lead and cadmium is carried out by an instrumental method of analysis that fulfils the performance criteria of point 4. Reagents 3. —(1) All reagents must be of analytical quality, unless otherwise specified. (2) Where reference is made to water, it shall always mean distilled water or water of equivalent quality. (3) 4% (v/v) acetic acid, in aqueous solution: add 40 ml of glacial acetic acid to water and make up to 1000 ml. (4) Stock solutions: prepare stock solutions containing 1000 mg/litre of lead and at least 500 mg/litre of cadmium respectively in a 4% acetic acid solution, as referred to in sub-paragraph (3). Performance criteria of the instrumental method of analysis 4. —(1) The detection limit for lead and cadmium must be equal to or lower than: — 0,1 mg/litre for lead, — 0,01 mg/litre for cadmium. The detection limit is defined as the concentration of the element in the 4 % acetic acid solution, as referred to in point 3.1, which gives a signal equal to twice the background noise of the instrument. (2) The limit of quantification for lead and cadmium must be equal to or lower than:
(b) 0,02 mg/litre for cadmium.
(3) Recovery: The recovery of lead and cadmium added to the 4 % acetic acid solution, as referred to in point 3.1, must lie within 80-120 % of the added amount.
(b) Wash the sample in a solution containing a household liquid detergent at a temperature of approximately 40 °C. Rinse the sample first in tap-water and then in distilled water or water of equivalent quality. Drain and dry so as to avoid any stain. The surface to be tested is not to be handled after it has been cleaned.
(2) Determination of lead and cadmium —
(b) Before taking the test solution for determining lead and cadmium, homogenise the content of the sample by an appropriate method, which avoids any loss of solution or abrasion of the surface being tested. (c) Carry out a blank test on the reagent used for each series of determinations. (d) Carry out determinations for lead and cadmium under appropriate conditions.
1. —(1) The written declaration referred to in regulation 4(1) shall contain the following information:
(b) the identity of the ceramic article; (c) the date of the declaration; (d) confirmation that the ceramic article meets the relevant requirements in:
(ii) Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs[5] as amended by Commission Directive 2005/31/EC of 29 April 2005[6]; and (iii) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC[7].
(2) The written declaration shall permit an easy identification of the article for which it is issued and shall be renewed when substantial changes in the production bring about changes in the migration of lead and cadmium. (This note is not part of the Regulations) 1. These Regulations apply to ceramic articles which are intended to come into contact with food. They set limits on the amount of lead and cadmium which may migrate from such articles, lay down requirements for testing ceramic articles and require them to be accompanied at the marketing stages by certificates of compliance. 2. These Regulations implement Council Directive 84/500/EEC on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs (O.J. L.277 of 20.10.84 p.12) as amended by Commission Directive 2005/31/EC regarding a declaration of compliance and performance criteria of the analytical method for ceramic articles intended to come into contact with foodstuffs (O.J. L.110 of 30.4.05 p.36). The former Directive was previously implemented by the Ceramic Ware (Safety) Regulations 1988 (SI 1988/1647) which have been revoked. 3. The 1988 Regulations applied to the United Kingdom. These Regulations apply to Northern Ireland. Corresponding Regulations are being made for England, Scotland and Wales. 4. Regulation 2 defines "ceramic article". Regulation 3 and Schedule 1 limit the quantities of lead and cadmium which may be transferred by a ceramic article. Schedule 2 sets out how an article is to be tested. Regulation 4 requires a written declaration of compliance to accompany a ceramic article which is not yet in contact with food at all marketing stages up to the retail stage. The details of the declaration are set out in Schedule 3.The Regulation also requires the manufacturer or importer into the Community to keep documentation showing that the requirements of Schedule 1 have been met and the tests in Schedule 2 have been carried out. 5. Regulation 5 provides that the Regulations are to be enforced by the district councils in their respective districts. Regulation 6 sets out the penalties for failure to comply with the Regulations and the defences that are available. Regulation 7 sets out the provisions of the Food Safety Order which are applied for the purposes of the Regulations. Notes: [1] Formerly the Department of Health and Social Services see S.I. 1999/283 (N.I.) Article 3back [2] S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12) and paragraphs 26 to 42 of Schedule 5 & Schedule 6 to the Food Standards Act 1999 c.28, S.R. 1999 No.438 and S.R. 2004 No.482back [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 [5] O.J. L277 of 20.10.84 p12back [6] O.J. L.110 of 30.04.05 p36back [7] OJ L338, 13/11/2004 p.4-14back
ISBN 0 337 96505 6
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