- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
4.—(1) Subject to paragraphs (3), (4) and (5), no person may use any prohibited monomer in the manufacture of any plastic material or article.
(2) A prohibited monomer is any monomer which is not —
(a)of good technical quality;
(b)identified by PM/REF no, CAS no (if any) and name in columns 1, 2 and 3 respectively of the relevant section of Part 1 of Schedule 1; and
(c)used in accordance with any restrictions and specifications for that monomer set out or referred to in column 4 of that Schedule.
(3) Paragraph (1) does not apply to the use of a monomer in the manufacture of any —
(a)surface coatings obtained from resinous of polymerised products in liquid, powder or dispersion form, including but not limited to varnishes, lacquers and paints;
(b)epoxy resins;
(c)adhesives and adhesion promoters; or
(d)printing inks.
(4) Paragraph (1) shall not be taken to prohibit the manufacture of any plastic material or article with any substance if the substance in question is a mixture which falls within paragraph 3(c) (relating to mixtures of authorised substances) of Annex II to the Directive and is of good technical quality.
(5) In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) because it was manufactured with any monomer (whether or not of good technical quality) other than one mentioned in paragraph (2)(b) it shall a be defence for the person accused to prove that —
(a)each monomer is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II to the Directive,
(b)each such monomer is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex, or
(c)each monomer falls within either sub-paragraph (a) or (b)of these Regulations,
and is of good technical quality.
(6) Part 2 of Schedule 1 has effect to supplement this regulation and Part 1 of that Schedule.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: