The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019

Citation and commencement

1.  These Regulations may be cited as the Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 and come into force on 28 March 2019.

Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012

2.  The Materials and Articles in Contact with Food (Scotland) Regulations 2012(1) are amended in accordance with regulations 3 to 11.

3.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) at the end of the definition of “Regulation 10/2011” add “, as amended by Commission Regulation (EU) 2016/1416(2)”, and

(ii) after the definition of “Regulation 10/2011”, insert the following definition—

““Regulation 2018/213” means Commission Regulation (EU) No. 2018/213 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No. 10/2011 as regards the use of that substance in plastic food contact materials(3);”, and

(b) for paragraph (2) substitute—

“(2) Expressions used in these Regulations and in Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009, Regulation 10/2011, or Regulation 2018/213 bear the same meaning in these Regulations as they bear in those Regulations.”.

4.  For regulation 15 (competent authorities for the purposes of Regulation 10/2011) substitute—

“Competent authorities for the purposes of Regulation 10/2011

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

(a) Article 8 (general requirement on substances), and

(b) Article 16(1) (supporting documents),

are Food Standards Scotland and each food authority in its area.”.

5.  After regulation 17 insert —

“PART 7A Requirements for bisphenol A

Interpretation of Part 7A

17A.   In this Part any reference to a numbered Article is a reference to that Article so numbered in Regulation 2018/213.

Offences of contravening specified provisions of Regulation 2018/213

17B.   Subject to Article 6, no person shall place on the market any varnished or coated material or article that does not comply with the requirements of Article 2.

Competent authorities for the purposes of Regulation 2018/213

17C.   The national competent authority for the purposes of Article 4(3) is Food Standards Scotland and each food authority in its area.”.

6.  In regulation 19 (offences and penalties)—

(a) in paragraph (1) after “12(8)” insert “, 17B”,

(b) in paragraph (2) after “Regulation 10/2011 “ insert “, Regulation 2018/213”,

(c) in paragraph (3) after “that” insert “a”.

7.  In regulation 20 (execution and enforcement)—

(a) in paragraph (1)(a) for “and Regulation 10/2011” substitute “, Regulation 10/2011 and Regulation 2018/213”, and

(b) in paragraph (2)—

(i) after sub-paragraph (a) omit “and”,

(ii) in sub-paragraph (b) for “Regulation 450/2009.” substitute “Regulation 450/2009,”, and

(iii) after sub -paragraph (b) add—

“(c) Article 16(1) of Regulation 10/2011, and

(d) Article 4(3) of Regulation 2018/213.”.

8.  In regulation 23(2) (time limit for prosecutions) for “or 19(2) or (3)” substitute “, 19(2), (3) or (4)”.

9.  In regulation 24(2) (general defences) after “16(4)” insert “, 17B”.

10.  In regulation 27 (application of various provisions of the Act)—

(a) in paragraph (2) for “or Regulation 10/2011” substitute “, Regulation 10/2011 or Regulation 2018/213”, and

(b) in paragraph (3) for “or Regulation 10/2011” substitute “, Regulation 10/2011 or Regulation 2018/213”.

11.  In the table in schedule 1 (specified provisions of regulation 10/2011) in the first column (specified provision) for “Article 11(1) and (2) and Annex I, as read with Article 11(3)” substitute “Article 11(1) and Annex I, as read with Article 11(3) and (4)”.

JOE FITZPATRICK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th February 2019