The Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations, further amend the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998 (S.R. 1998 No. 264, “the 1998 Regulations”). These Regulations implement Commission Directive 2004/13/EC amending Commission Directive 2002/16/EC relating to the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (OJ No. L51, 22.2.2002, p. 27) and also implement Commission Directive 2004/1/EC amending Commission Directive 2002/72/EC in relation to the use of azodicarbonamide as a blowing agent (O.J. No. L220, 15.8.2002, p. 18).

2.  The Regulations amend the 1998 Regulations by –

(a) extending by a year the provisional authorisation of 2,2-bis(hydroxyphenyl)propane bis(2,3-epoxypropyl)ether (“BADGE”) (regulation 4);

(b) prohibiting the use of the blowing agent azodicarbonamide as from 2nd August 2005 (regulation 5);

(c) amending the defence available under regulation 10, paragraph (19) and (20) of the 1998 Regulations by the addition of a provision which allows for a date code as an alternative to the date of filling itself appearing on materials and articles covered by a surface coating, the defence being conditional on the meaning of the code having been disclosed on request to the Food Standards Agency and the enforcement authority (regulation 6(a) and (b));

(d) creating a defence relating to azodicarbonamide used in plastic materials or articles brought into contact with food before 2nd August 2005 similar to that which applies to materials and articles covered by a surface coating (regulation 6(c));