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

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Changes over time for: The Materials and Articles in Contact with Food (Wales) Regulations 2012 (Schedules only)

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Regulation 14(1)

[F1Schedule 1] E+WSpecified provisions of Regulation 10/2011

Specified provisionSubject matter
Article 4(e), as read with Articles 17 and 18Prohibition on placing on the market plastic materials or articles if they do not meet specified compositional and declaration requirements
Article 5(1) and Annex I, as read with Article 6Requirement, subject to certain derogations, to use only authorised substances in the manufacture of plastic layers in plastic materials and articles
Article 8, first sentenceGeneral quality and purity standards that must be observed for substances used in the manufacture of plastic layers in plastic materials and articles
Article 9 as read with Annex IParticular restrictions and specifications for substances used in the manufacture of plastic layers in plastic materials and articles
Article 10 as read with Annex IIGeneral restrictions on plastic materials and articles
[F2Article 11(1) and Annex I, as read with Article 11(3) and (4)]Specific limits on the degree to which constituents of plastic materials and articles are permitted to migrate into foods
Article 12Overall limits on the permitted level of migration of the constituents of plastic materials and articles into food simulants
Article 13(1), (3), (4) and (5) and Annex I as read with Article 13(2)Particular restrictions and specifications for the composition of each plastic layer in plastic multi-layer materials and articles
Article 14(1) and (5) and Annex 1, as read with Article 14(2), (3) and (4)Particular restrictions and specifications for the composition of each plastic layer in multi-material multi-layer materials and articles
F3. . .F3. . .

Regulation 27

[F4SCHEDULE 2E+W

PART 1E+WModification of section 10(1)

1.  For section 10(1) of the Act (improvement notices) substitute—E+W

(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with any provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a)state the authorised officer’s grounds for believing that the person is failing to comply with the relevant provision;

(b)specify the matters which constitute the person’s failure to so comply;

(c)specify the measures which, in the authorised officer’s opinion, the person must take in order to secure compliance; and

(d)require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

(1A) The provisions referred to in subsection (1) are—

(a)regulations [F510A(1), 10A(3)] and 12(6) of the Materials and Articles in Contact with Food (Wales) Regulations 2012;

(b)Article 16 of Regulation 1935/2004;

(c)Article 5 of Regulation 1895/2005;

(d)Articles 12 and 13 of Regulation 450/2009; F6...

(e)the second sentence of Article 8, Article 15 as read with Annex IV, and Article 16 of Regulation 10/2011 [F7; and]

[F8(f)Article 4 of Regulation 2018/213.]

Textual Amendments

F6Word in Sch. 2 Pt. 1, omitted (6.9.2018) by virtue of The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(a)

F7Word in Sch. 2 Pt. 1, substituted (6.9.2018) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(b)

F8Words in Sch. 2 Pt. 1, inserted (6.9.2018) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(c)

PART 2E+WApplication and modification of other provisions of the Act

Column 1

Provision of the Act

Column 2

Modification

Section 2 (extended meaning of “sale” etc.)For “this Act” (in each place it occurs) substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 3 (presumptions that food intended for human consumption)In subsection (1), for “this Act” substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012, Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 and Regulation 10/2011”.
Section 20 (offences due to fault of another person)For “any of the preceding provisions of this Part” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 21(1) and (5) (defence of due diligence)In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 30(6) and (8) (which relates to evidence of certificates given by a food analyst or examiner)In subsection (8), for “this Act” substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 32 (powers of entry)For “this Act” (in each place it occurs) substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012, Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 and Regulation 10/2011”.
Section 33 (obstruction etc. of officers)In subsection (1), for “this Act” (in each place it occurs) substitute “section 10(1) of this Act as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 35(1) and (2) (punishment of offences)

In subsection (1), after “section 33(1) above” insert “, as applied and modified by regulation 27 of, and Part 2 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012,”.

After subsection (1) insert—

“(1A) A person guilty of an offence under section 10(2), as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012 shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.”

In subsection (2), in the opening words, for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 27 of, and Part 2 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012,”.

Section 36 (offences by bodies corporate)In subsection (1), for “this Act” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 36A (offences by Scottish partnerships)For “this Act” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 37(1) and (6) (appeals to a magistrates’ court)

For subsection (1) substitute—

“Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under section 10(1), as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012, may appeal to a magistrates’ court.”

In subsection (6)—

for “(3) or (4)” substitute “(1)”; and

in paragraph (a), omit “or to the sheriff”.

Section 39 (appeals against improvement notices)

For subsection (1) substitute—

“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012, the magistrates’ court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the magistrates’ court may in the circumstances think fit.”

In subsection (3), omit “for want of prosecution.”.]

Regulation 10

[F9SCHEDULE 3E+WBASIC RULES FOR DETERMINING THE MIGRATION OF LEAD AND CADMIUM

1.  Test liquid 4 % (v/v) acetic acid, in a freshly prepared aqueous solution.E+W

2.  Test conditionsE+W

(a)Carry out the test at a temperature of 22 ± 2 °C for a duration of 24 ± 0,5 hours.

(b)When the migration of lead is to be determined, cover the sample by an appropriate means of protection and expose it to the usual lighting conditions in a laboratory. When the migration of cadmium or of lead and cadmium is to be determined, cover the sample so as to ensure that the surface to be tested is kept in total darkness.

3.  FillingE+W

(a)Samples which can be filled—

Fill the article with a 4 % (v/v) acetic acid solution to a level no more than 1 mm from the overflow point; the distance is measured from the upper rim of the sample. Samples with a flat or slightly sloping rim should be filled so that the distance between the surface of the liquid and the overflow point is no more than 6 mm measured along the sloping rim.

(b)Samples which cannot be filled—

The surface of the sample which is not intended to come into contact with foodstuffs is first covered with a suitable protective layer able to resist the action of the 4 % (v/v) acetic acid solution. The sample is then immersed in a recipient containing a known volume of acetic acid solution in such a way that the surface intended to come into contact with foodstuffs is completely covered by the test liquid.

4.  Determination of the surface area The surface area of the articles in Category 1 is equal to the surface area of the meniscus formed by the free liquid surface obtained by complying with the filling requirements set out in paragraph 3.]E+W

Regulation 10

[F9SCHEDULE 4E+WMETHODS OF ANALYSIS FOR DETERMINATION OF THE MIGRATION OF LEAD AND CADMIUM

1.  Object and field of applicationE+W

The method allows the specific migration of lead and/or cadmium to be determined.

2.  PrincipleE+W

The determination of the specific migration of lead and/or cadmium is carried out by an instrumental method of analysis that fulfils the performance criteria of paragraph 4.

3.  ReagentsE+W

All reagents must be of analytical quality, unless otherwise specified.

Where reference is made to water, it means distilled water or water of equivalent quality.

(a)4 % (v/v) acetic acid, in aqueous solution

Add 40 ml of glacial acetic acid to water and make up to 1 000 ml.

(b)Stock solutions

Prepare stock solutions containing 1 000 mg/litre of lead and at least 500 mg/litre of cadmium respectively in a 4 % acetic acid solution, as referred to in sub-paragraph (a).

4.  Performance criteria of the instrumental method of analysisE+W

(a)The detection limit for lead and cadmium must be equal to or lower than— 0,1 mg/litre for lead, 0,01 mg/litre for cadmium.

The detection limit is defined as the concentration of the element in the 4 % acetic acid solution, as referred to in paragraph 3(a), which gives a signal equal to twice the background noise of the instrument.

(b)The limit of quantification for lead and cadmium must be equal to or lower than— 0,2 mg/litre for lead, 0,02 mg/litre for cadmium.

(c)Recovery. The recovery of lead and cadmium added to the 4 % acetic acid solution, as referred to in paragraph 3(a), must lie within 80-120 % of the added amount.

(d)Specificity. The instrumental method of analysis used must be free from matrix and spectral interferences.

5.  MethodE+W

(a)Preparation of the sample

The sample must be clean and free from grease or other matter likely to affect the test.

Wash the sample in a solution containing a household liquid detergent at a temperature of approximately 40 °C. Rinse the sample first in tap water and then in distilled water or water of equivalent quality. Drain and dry the sample so as to avoid any stain. The surface to be tested is not to be handled after it has been cleaned.

(b)Determination of lead and/or cadmium

The sample thus prepared is tested under the conditions laid down in Schedule 3.

Before taking the test solution for determining lead and/or cadmium, homogenise the content of the sample by an appropriate method, which avoids any loss of solution or abrasion of the surface being tested.

  • Carry out a blank test on the reagent used for each series of determinations.

  • Carry out determinations for lead and/or cadmium under appropriate conditions.]

Regulation 10A

[F9SCHEDULE 5E+WDECLARATION OF COMPLIANCE

1.  The written declaration referred to in regulation 10A must contain the following information—E+W

(a)the identity and address of the company which manufactures the finished ceramic article and of the importer who imports it into [F10Great Britain];

(b)the identity of the ceramic article;

(c)the date of the declaration;

(d)the confirmation that the ceramic article meets relevant requirements in these Regulations and Regulation 1935/2004.

Textual Amendments

2.  The written declaration must permit an easy identification of the goods for which it is issued and must be renewed when substantial changes in the production bring about changes in the migration of lead or cadmium or both.]E+W

Regulation 12(1) and (2)

[F11SCHEDULE 6E+WLIST OF SUBSTANCES AUTHORISED IN THE MANUFACTURE OF REGENERATED CELLULOSE FILM

Notes:

  • The percentages in this Schedule are expressed in weight/weight (w/w) and are calculated in relation to the quantity of anhydrous uncoated regenerated cellulose film.

  • The usual technical denominations are given in square brackets.

  • The substances used shall be of good technical quality as regards the purity criteria.

Table 1

Uncoated regenerated cellulose film

DenominationsRestrictions
A. Regenerated celluloseNot less than 72% (w/w)
B. Additives
1. SoftenersNot more than 27% (w/w) in total
— Bis (2-hydroxyethyl) ether [= diethyleneglycol]Only for films intended to be coated and then used for foods which are not moist, namely which do not contain water which is physically free at the surface. The total amount of bis(2-hydroxyethyl)ether and ethanediol present in foods that have been in contact with film of this type may not exceed 30mg/kg of the foodstuff.
— Ethanediol [= monoethyleneglycol]
— 1,3-butanediol
— Glycerol
— 1,2-propanediol [= 1,2 propyleneglycol]
— Polyethylene oxide [= polyethyleneglycol]Average molecular weight between 250 and 1200.
— 1,2-polypropylene oxide [= 1,2 polypropyleneglycol]Average molecular weight not greater than 400 and free 1.3-propanediol content not greater than 1% (w/w) in substance.
— Sorbitol
— Tetraethyleneglycol
— Triethyleneglycol
— Urea
2. Other AdditivesNot more than 1% (w/w) in total.
First classThe quantity of the substance or group of substances in each indent may not exceed 2mg/dm2 of the uncoated film.
— Acetic acid and its NH4, Ca, Mg, K and Na salts
— Ascorbic acid and its NH4, Ca, Mg, K and Na salts
— Benzoic acid and sodium benzoate
— Formic acid and its NH4, Ca, Mg, K and Na salts
— Linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and also behenic and ricinoleic acids and the NH4, Ca, Mg, K, Na, Al and Zn salts of these acids
— Citric, d- and l-lactic, maleic, l-tartaric acids and their Na and K salts
— Sorbic acid and its NH4, Ca, Mg, K and Na salts
— Amides of linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and also the amides of behenic and ricinoleic acids
— Natural edible starches and flours
— Edible starches and flours modified by chemical treatment
— Amylose
— Calcium and magnesium carbonates and chlorides
— Esters of glycerol with linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and/or with adipic, citric, 12-hydroxystearic (oxystearin), ricinoleic acids
— Esters of polyoxyethylene (8 to 14 oxyethylene groups) with linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive
— Esters of sorbitol with linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive
— Mono-and/or di-esters of stearic acid with ethanediol and/or bis (2-hydroxyethyl) ether and/or triethylene glycol
— Oxides and hydroxides of aluminium, calcium, magnesium and silicon and silicates and hydrated silicates of aluminium, calcium, magnesium and potassium
— Polyethylene oxide [= polyethyleneglycol]Average molecular weight between 1200 and 4000.
— Sodium propionate
Second classThe total quantity of the substances may not exceed 1mg/dm2 of the uncoated film and the quantity of the substance or group of substances in each indent may not exceed 0.2mg/dm2 (or a lower limit where one is specified) of the uncoated film.
— Sodium alkyl (C8-C18) benzene sulphonate
— Sodium isopropyl naphthalene sulphonate
— Sodium alkyl (C8-C18) sulphate
— Sodium alkyl (C8-C18) sulphonate
— Sodium dioctylsulphosuccinate
— Distearate of dihydroxyethyl diethylene triamine monoacetateNot more than 0.05mg/dm2 of the uncoated film.
— Ammonium, magnesium and potassium lauryl sulphates
— N,N′-distearoyl diaminoethane, N,N′-dipalmitoyl diaminoethane and N,N′-dioleoyl diaminoethane
— 2-heptadecyl-4,4-bis(methylene-stearate) oxazoline
— Polyethylene-aminostearamide ethylsulphateNot more than 0.1 mg/dm2 of the uncoated film.
Third class — Anchoring agentThe total quantity of substances may not exceed 1mg/dm2 of the uncoated film.

— Condensation product of melamine-formaldehyde unmodified, or which may be modified with one or more of the following products:

  • butanol

  • diethylenetriamine

  • ethanol

  • triethylenetetramine

  • tetraethylenepentamine

  • tri-(2-hydroxyethyl) amine

  • 3,3′-diaminodipropylamine

  • 4,4′-diaminodibutylamine

Free formaldehyde content not greater than 0.5mg/dm2 of the uncoated film.

Free melamine content not greater than 0.3mg/dm2 of the uncoated film.

— Condensation product of melamine-urea-formaldehyde modified with tris-(2-hydroxyethyl)amine

Free formaldehyde content not greater than 0.5mg/dm2 of the uncoated film.

Free melamine content not greater than 0.3mg/dm2 of the uncoated film.

— Cross-linked cationic polyalkyleneamines:

  • polyamide-epichlorhydrin resin based on diaminopropylmethylamine and epichlorhydrin

  • polyamide-epichlorhydrin resin based on epichlorhydrin, adipic acid, caprolactam, diethylenetriamine and/or ethylenediamine

  • polyamide-epichlorhydrin resin based on adipic acid, diethylenetriamine and epichlorhydrin, or a mixture of epichlorhydrin and ammonia

  • polyamide-polyamine-epichlorhydrin resin based on epichlorhydrin, dimethyl adipate and diethylenetriamine

  • polyamide-polyamine-epichlorhydrin resin based on epichlorhydrin, adipamide and diaminopropylmethylamine

— Polyethyleneamines and polyethyleneimines;Not more than 0.75mg/dm2 of the uncoated film.

— Condensation product of urea-formaldehyde unmodified, or which may be modified with one or of the following products:

  • aminomethylsulphonic acid

  • sulphanilic acid

  • butanol

  • diaminobutane

  • diaminodiethylamine

  • diaminodipropylamine

  • diaminopropane

  • diethylenetriamine

  • ethanol

  • guanidine

  • methanol

  • tetraethylenepentamine

  • triethylenetetramine

  • sodium sulphite

Free formaldehyde content not greater than 0.5mg/dm2 of the uncoated film.
Fourth classThe total quantity of substances may not exceed 0.01mg/dm2 of the uncoated film.
— Products resulting from the reaction of the amines of edible oils with polyethylene oxide
— Monoethanolamine lauryl sulphate

Table 2

Coated regenerated cellulose film

DenominationsRestrictions
A. Regenerated celluloseSee Table 1.
B. AdditivesSee Table 1.
C. Coating
1. PolymersThe total quantity of substances may not exceed 50mg/dm2 of the coating on the side in contact with food.
— Ethyl, hydroxyethyl, hydroxypropyl and methyl ethers of cellulose
— Cellulose nitrateNot more than 20mg/dm2 of the coating on the side in contact with food; nitrogen content between 10.8% (w/w) and 12.2% (w/w) in the cellulose nitrate.
2. ResinsThe total quantity of substances may not exceed 12.5mg/dm2 of the coating on the side in contact with food and solely for the preparation of regenerated cellulose films with cellulose nitrate based coatings.
— Casein
— Colophony and/or its products of polymerization, hydrogenation, or disproportionation and their esters of methyl, ethyl or C2 to C6 polyvalent alcohols, or mixtures of these alcohols
— Colophony and/or its products of polymerization, hydrogenation, or disproportionation condensed with acrylic, maleic, citric, fumaric and/or phthalic acids and/or 2,2 bis (4-hydroxyphenyl) propane formaldehyde and esterified with methyl ethyl or C2 to C6 polyvalent alcohols or mixtures of these alcohols
— Esters derived from bis(2-hydroxyethyl) ether with addition products of betapinene, and/or dipentene, and/or diterpene and maleic anhydride
— Edible gelatine
— Castor oil and its products of dehydration or hydrogenation and its condensation products with polyglycerol, adipic, citric, maleic, phthalic and sebacic acids
— Natural gum [= damar]
— Poly-beta-pinene [= terpenic resins]
— Urea-formaldehyde resins (see anchoring agents)
3. PlasticisersThe total quantity of substances may not exceed 6mg/dm2 of the coating on the side in contact with food.
— Acetyl tributyl citrate
— Acetyl tri(2-ethylhexyl) citrate
— Di-isobutyl adipate
— Di-n-butyl adipate
— Di-n-hexyl azelate
— Dicyclohexyl phthalateNot more than 4.0mg/dm2 of the coating on the side in contact with food.
— 2-ethylhexyl diphenyl phosphate (synonym: phosphoric acid diphenyl 2 ethylhexyl ester)

The amount of 2-ethylhexyl diphenyl phosphate shall not exceed:

(a) 2.4mg/kg of the foodstuff in contact with this type of film; or

(b) 0.4mg/dm2 in the coating on the side in contact with food.

— Glycerol monoacetate [= monoacetin]
— Glycerol diacetate [= diacetin]
— Glycerol triacetate [= triacetin]
— Di-butyl sebacate
— Di-n-butyl tartrate
— Di-isobutyl tartrate
4. Other additivesThe total quantity of substances may not exceed 6mg/dm2 in the uncoated regenerated cellulose film, inclusive of the coating on the side in contact with food.
4.1 Additives listed in Table 1Same restrictions as in Table 1 (however the quantities in mg/dm2 refer to the uncoated regenerated cellulose film, inclusive of the coating on the side in contact with food).
4.2 Specific coating additivesThe quantity of the substance or group of substances in each indent may not exceed 2mg/dm2 (or a lower limit where one is specified) of the coating on the side in contact with food.
— 1-hexadecanol and 1-octadecanol
— Esters of linear fatty acids, saturated or unsaturated, with an even number of carbon atoms from 8 to 20 inclusive and of ricinoleic acid with ethyl, butyl, amyl and oleyl linear alcohols
— Montan waxes, comprising purified montanic (C26 to C32) acids and/or their esters with ethanediol and/or 1,3 butanediol and/or their calcium and potassium salts
— Carnauba wax
— Beeswax
— Esparto wax
— Candelilla wax
— DimethylpolysiloxaneNot more than 1mg/dm2 of the coating on the side in contact with food.
— Epoxidised soya-bean oil (oxirane content 6 to 8%)
— Refined paraffin and microcrystalline waxes
— Pentaerythritol tetrastearate
— Mono and bis(octadecyldiethyleneoxide)-phosphatesNot more than 0.2mg/dm2 of the coating on the side in contact with food.
— Aliphatic acids (C8 to C20) esterified with mono- or di-(2-hydroxyethyl)amine
— 2- and 3-tert.butyl-4-hydroxyanisole [= butylated hydroxyanisole — BHA]Not more than 0.06mg/dm2 of the coating on the side in contact with food.
— 2,6-di-tert.butyl-4-methylphenol [= butylated hydroxytoluene — BHT]Not more than 0.06mg/dm2 of the coating on the side in contact with food.
— Di-n-octyltin-bis(2-ethylhexyl) maleateNot more than 0.06mg/dm2 of the coating on the side in contact with food.
5. SolventsThe total quantity of substances may not exceed 0.6mg/dm2 of the coating on the side in contact with food.
— Butyl acetate
— Ethyl acetate
— Isobutyl acetate
— Isopropyl acetate
— Propyl acetate
— Acetone
— 1-butanol
— Ethanol
— 2-butanol
— 2-propanol
— 1-propanol
— Cyclohexane
— Ethyleneglycol monobutyl ether
— Ethyleneglycol monobutyl ether acetate
— Methyl ethyl ketone
— Methyl isobutyl ketone
— Tetrahydrofuran
— TolueneNot more than 0.06mg/dm2 of the coating on the side in contact with food.]

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