PART 2Requirements for Materials and Articles
Provisions relating to the use of certain epoxy derivatives (BADGE, BDGE and NOGE)12
1
In this regulation —
a
any reference to a numbered Article is a reference to that Article in Regulation 1895/2005;
b
paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines); and
c
for the purpose of Article 6(4) (requirement to disclose date of filling) the competent authority is the authority identified in regulation 15.
2
Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), a person shall not—
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
A person shall not 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), a person shall not —
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), a person shall not contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).
6
A person shall not without reasonable excuse fail to comply with a request made under Article 6(4).