1. These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 28th February 2003.
2. The Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998(1) (“the principal Regulations”) shall be amended in accordance with regulations 3 to 6.
3. In regulation 10 (offences), immediately after paragraph (18) there shall be added the following paragraphs–
“(19) In any proceedings for an offence under these Regulations, it shall be a defence to prove that–
(a)the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2004 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions specified in paragraph (20) had not been in force at the time that matter occurred; or
(b)the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2003, and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 4(a)(i) and (b) (in so far as they relate to the monomer divinylbenzene) and 6 of the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003 had not been in force at the time that matter occurred.
(20) The provisions referred to in paragraph (19)(a) are the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003, except in so far as they relate to the monomer divinylbenzene.”.
4. In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary)–
(a)in Section A of Part I–
(i)in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number, PM/REF No, CAS No, name and restriction or specification specified for that monomer in that Part shall be inserted in the appropriate numerical position for that item number,
(ii)in the case of each monomer named in the second column of Part II of Schedule 1 to these Regulations, for the item number for that monomer specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part,
(iii)in the case of the monomer Bis (4-isocyanatocyclohexyl) methane (item 43), for the entry for that monomer specified in column 1 (PM/REF/No) there shall be substituted the entry “13560”, and
(iv)in the case of each monomer named in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part;
(b)in Section B of Part I, all the entries for the monomers named in Part IV of Schedule 1 to these Regulations shall be deleted; and
(c)in Part II, at the end of paragraph 4 there shall be inserted the following provisions–
“(22) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.
(23) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.
(24) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.
(25) QM(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the substances having PM/REF/Nos. 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270.”.
5. In Schedule 2 (additives and supplementary)–
(a)in Part I–
(i)in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number, PM/REF No, CAS No, name and restriction or specification specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number,
(ii)in the case of the additive Bis (polyethyleneglycol) hydroxymethylphosphonate, there shall be inserted in column 2 (CAS No) the entry “68951-50-8”, and
(iii)in the case of the additive named in the first column of Part II of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part; and
(b)in Part II–
(i)in the case of each additive listed in Part III of Schedule 2 to these Regulations, the item number, PM/REF/No, CAS No, name and restriction or specification specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number, and
(ii)in the case of each additive named in the first column of Part IV of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part; and
(c)in Part III–
(i)in note (11) of paragraph 4, after “36800” there shall be inserted “, 36840”, and
(ii)at the end of that paragraph there shall be added the following provisions–
“(22) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.
(23) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.
(24) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.”.
6. In Schedule 2B (specifications) in the case of the substance specified in Schedule 3 to these Regulations, the item number, PM/REF No and specification set out for that substance in that Schedule shall be inserted in the appropriate numerical position for that item number and letter.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 3rd January 2003.
L.S.
Don Hill
A Senior Officer of the
Department of Health, Social Services and Public Safety