11. Immediately after regulation 8 (labelling) there shall be inserted the following regulations—
8A.—(1) No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use BADGE in the manufacture of any—
(a)adhesive; or
(b)material or article covered by a surface coating.
on or after 1st January 2005, or prior to that date, in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
(2) No person shall (in any case not covered by Article 1.2 of Commission Directive 2002/16) use BFDGE in the manufacture of any—
(a)adhesive; or
(b)material or article covered by a surface coating
on or after 1st January 2005, or prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
(3) No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use NOGE in the manufacture of any—
(a)adhesive; or
(b)material or article covered by a surface coating
on or after 1st January 2005, or prior to that date but, on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.
(4) No adhesive, or material or article covered by a surface coating, manufactured using BADGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BADGE to food with which the adhesive or, as the case may be, material or article, may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex 1 to that Directive, as read with the second sentence of paragraph 2 of that Annex.
(5) No adhesive, or material or article covered by a surface coating, manufactured using BFDGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BFDGE to food with which that adhesive or, as the case may be, material or article, may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to that Directive, as read with the second sentence of paragraph 2 of that Annex.
(6) On and after 1st March 2003, no adhesive, or material or article covered by a surface coating, manufactured using NOGE and not covered by Article 1(2) of Commission Directive 2002/16, shall fail to comply with the requirements of the first sentence of Article 4 of that Directive.
8B.—(1) Subject to paragraphs (2) and (3) of this regulation, for the purposes of regulation 8A(1), (2), (4) and (5) an adhesive or a material or article covered by a surface coating shall be treated as being capable of transferring BADGE or, as the case may be, BFDGE to food with which it may come into contact to the extent that it is established for those purposes by the verification methods specified in Section A or Schedule 3 and in Schedule 4.
(2) Subject to paragraph (3) of this regulation, in Section A of Schedule 3 and in Schedule 4, references to migration or release of a substance shall be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, the food with which the substance may come into contact.
(3) For the purposes of paragraphs (1) and (2) of this regulation, Schedules 3 and 4 shall have effect as if—
(a)the references in Section A of Schedule 3 and in Schedule 4 to “a plastic material or article” were references to “an adhesive or a material or article covered by a surface coating”; and
(b)the references in paragraph 4(3) and (4) of Section A of Schedule 3 to “regulation 7, Schedule 1 or Schedule 2” were references to “a migration limited referred to in regulation 8A(4) or (5)”; and
(c)the reference in paragraph 5 of Part II of Schedule 4 and paragraph 2(1)(b) of Part III of that Schedule to “regulation 7 or Schedule 1” were a reference to “regulation 8A(4) or (5)”.
(4) The specific migration from an additive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.
(5) The specific migration from an adhesive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.
(6) Whether or not the detection limit specified in Article 4 of Commission Directive 2002/16 is complied with in relation to an adhesive or a material or article covered by a surface coating shall be determined in the manner specified in the second and third sentences of that Article.”.