16.—(1) In this Part—
(a)any reference to a numbered Article or Annex is a reference to that Article or Annex in Regulation 1895/2005; and
(b)[F1paragraph (2) is] subject to Article 1(3) (scope) M1.
(2) [F2No] person may place on the market or use, in the course of a business in connection with the storage, preparation, packaging, sale or service of food—
(a)any material or article in contravention of Article 3 (prohibition on use or presence of BFDGE) or Article 4 (prohibition on use or presence of NOGE); or
(b)any material or article that fails to comply with the restrictions contained in Article 2 (BADGE) as read with Annex I (specific migration limit for BADGE and certain of its derivatives).
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Any person who contravenes paragraph (2) F4... is guilty of an offence.
Textual Amendments
F1Words in reg. 16(1)(b) substituted (14.9.2017) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), regs. 1(3), 9(a)
F2Word in reg. 16(2) substituted (26.7.2018) by The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018 (S.I. 2018/806), regs. 1(3), 22(4)
F3Reg. 16(3) omitted (14.9.2017) by virtue of The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), regs. 1(3), 9(b)
F4Words in reg. 16(4) omitted (14.9.2017) by virtue of The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), regs. 1(3), 9(c)
Marginal Citations
M1Article 3 contains an exception relating to certain containers and storage tanks and pipelines belonging to them.
17. The competent authority for the purpose of Article 6(4) is each food authority in its area and each port health authority in its district.