PART 2 Requirements for Materials and Articles

13 Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)
1 In this regulation —
(a) any reference to a numbered Article is a reference to that Article in Regulation1895/2005;
(b) paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines);
(c) for the purpose of Article 6(4) the competent authority is the authority identified in regulation 14.
2 Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), no person may —
(a) manufacture,
(b) use for the handling of food in the course of a business,
(c) sell for the purpose of the handling of food, or
(d) import for the purpose of the handling of food
any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).
3 No person may manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).
4 Subject to Article 6(1), no person may —
(a) use for the handling of food in the course of a business,
(b) sell for the purpose of the handling of food, or
(c) import for the purpose of the handling of food
any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.
5 Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), no person shall contravene the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).
6 No person shall without reasonable excuse fail to comply with a request made under Article 6(4) (requirement to disclose date of filling to competent authority).