The Materials and Articles in Contact with Food (Scotland) Regulations 2012

PART 6 Requirements for plastic materials and articles

Interpretation of Part 6 and Schedule 1

13.  In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to that Article of or Annex to Regulation 10/2011.

Offences of contravening specified provisions of Regulation 10/2011

14.—(1) Subject to the transitional arrangements set out in Article 22(4) and (5) and Article 23(1), any person who places on the market a plastic material or article that fails to comply with a requirement of Regulation 10/2011 specified in column 1 of Schedule 1 commits an offence.

(2) Any person who fails to comply with the second sentence of Article 8 (general requirements on substances) or, subject to transitional arrangements set out in Article 22(1), (2) and (3)(2), with Article 16 (supporting documents) commits an offence.

Competent authorities for the purposes of Regulation 10/2011

15.  The competent authorities for the purposes of Regulation 10/2011 are—

(a) in respect of Article 8, the Food Standards Agency and each food authority in its area; and

(b) in respect of Article 16(1), the Food Standards Agency.

(1)

Article 22(4) provides that until 31st December 2015 certain additives used in glass fibre sizing must be assessed under Article 19. Article 22(5) provides that materials and articles lawfully placed on the market before 1st May 2011 may be placed on the market until 31st December 2012. Article 23 provides that as regards certain uses of additives Article 5 applies from 31st December 2015 and that the provisions of Articles 18(2) and (4) and Article 20 apply from 31st December 2012.

(2)

Paragraphs (1), (2) and (3) of Article 22 provide that the supporting documents referred to in Article 16 must, until 31st December 2012, be based on the rules in Directive 82/711/EEC; that from 1st January 2013 until 31st December 2015 such documents may be based on the rules in Directive 82/711/EEC or Article 18 of Regulation 10/2011 and that from 1st January 2016 such documents must be based on the rules in Article 18 of that Regulation.