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Statutory Rules of Northern Ireland

2008 No. 167

Food

The Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008

Made

10th April 2008

Coming into operation

for the purpose of regulation 27(c)

1st July 2008

for all other purposes

5th May 2008

Contents

Go to Preamble

  1. PART 1

    Preliminary

    1. 1. Citation 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. Time limit for prosecutions

    4. 18. Offences due to the act or default of a third party

    5. 19. Defence of exercising due diligence etc

    6. 20. Transitional defence relating to PVC gaskets containing epoxidised soybean oil

    7. 21. Other transitional defences and savings

    8. 22. Procedure where a sample is to be analysed

    9. 23. Secondary analysis by the Government Chemist

  4. PART 4

    Application for Authorisation

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

  5. PART 5

    General and Supplementary

    1. 25. Application of provisions of the Order

    2. 26. Amendments to the Materials and Articles in Contact with Food Regulations (Northern Ireland) 2007

    3. 27. 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 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) and (2), 25(1)(a), (2)(a) and (3), 32 and 47(2) of the Food Safety (Northern Ireland) Order 1991(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 Department of Health, Social Services and Public Safety 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 Article 47(3A) of that Order, it has 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)

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

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 No.482 and S.R. 2004 No.505 Back [2]

(3)

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

(4)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3) Back [4]

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