The Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2008

Citation and commencement

1.  These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2008 and come into operation —

(a) for the purpose of regulation 6 on 30th June 2008, and

(b) for all other purposes on 1st July 2008.

Amendments to the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008

2.  The Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008(1) are amended in accordance with regulations 3 to 7.

3.  In regulation 2(1) (interpretation) —

(a) for the definition of “EEA State” substitute —

““EEA State” means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;” and

(b) after the definition of “material or article” insert —

““Member State” means a Member State of the European Communities;”

4.  In regulation 9(3) for “stimulant” substitute “simulant”.

5.  For regulation 21(3) substitute —

“(3) In any proceedings for an offence under these Regulations other than an offence referred to in regulation 20(1), it shall be a defence to prove —

(a) in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. Nos. 30340, 30401, 56800, 76815, 76866, 88640 or 93760 contained in the Annex to Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(2), that the derogation contained in Article 1 of Commission Regulation (EC) No. 597/2008 amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(3) is applicable; or

(b) in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No. 36640 (azodicarbonamide) contained in Annex III or in the case of plastic materials or articles which do not comply with the restrictions and specifications for phthalates under Ref. Nos. 74560, 74640, 74880, 75100 or 75105 contained in that Annex, that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st July 2008; or

(c) in any case other than those mentioned in sub-paragraph (a) or (b), that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st May 2009; and

(d) that the act constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2007/19/EC had not been implemented in Northern Ireland at the time the matter occurred.”

6.  In regulation 27 (revocations), omit paragraph (c).

7.  For Schedules 1 to 4 substitute Schedules 1 to 4 as set out in the Schedule to these Regulations.

Amendment of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) Regulations (Northern Ireland) 2007

8.  In regulation 2(1) (interpretation) of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) Regulations (Northern Ireland) 2007(4), for the definition of “the Commission Regulation” substitute —

““the Commission Regulation” means Commission Regulation (EC) No 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods as amended by Commission Regulation (EC) No 597/2008; amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(5)”.

Amendment of the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991

9.  In the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991(6), in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Plastic Materials and Articles in Contact with Food (No. 2) Regulations (Northern Ireland) 2006 substitute the title and reference of the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 26th June 2008.

Andrew McCormick

A senior officer of the Department of Health, Social Services and Public Safety