PART 2General Requirements for Materials and Articles
Enforcement of Regulation 1935/2004
4. Subject to the provisions of Article 27 (transitional arrangements), any person who contravenes any of the following provisions of Regulation 1935/2004 is guilty of an offence —
(a)Article 3 (general requirements);
(b)Article 4 (special requirements for active and intelligent materials and articles);
(c)Article 11(4) and (5) (provisions relating to Community authorisation);
(d)Article 15(1), (2), (3), (4), (7) and (8) (labelling);
(e)Article 16(1) (declaration of compliance);
(f)Article 17(2) (traceability).
Enforcement of Regulation 2023/2006
5. Any person who fails to comply with the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.
Competent authorities for the purposes of Regulation 1935/2004
6. The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 as specified below —
(a)in respect of Articles 9 and 13, the Food Standards Agency;
(b)in respect of Articles 16(1) and 17(2), the Food Standards Agency and the district council having responsibility for enforcement pursuant to regulation 14(1).
Competent authority for the purposes of Regulation 2023/2006
7. The competent authority for the purposes of Article 6(2) and 7(3) of Regulation 2023/2006 is each district council in its district.