The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2010

PART 1 Preliminary

Citation and commencement

1.  These Regulations may be cited as the Materials and Articles in Contact with Food Regulations (Northern Ireland) 2010 and come into operation on 20th October 2010.

Interpretation

2.—(1) In these Regulations —

“the 2009 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2009(1);

“Directive 2002/72/EC” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs(2);

“Directive 2007/42/EC” means Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs(3);

“Regulation 1935/2004” means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC(4);

“Regulation 2023/2006” means Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food(5);

“Regulation 450/2009” means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food(6);

“authorised officer” means any person, whether or not an officer of the district council having responsibility for execution and enforcement under regulation 14(1), who is authorised by that district council in writing to act in matters arising under these Regulations;

“import” means import in the course of a business from a place other than a member state of the European Union, Norway, Iceland or Liechtenstein;

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“plastics” means those materials and articles to which Directive 2002/72/EC applies;

“preparation” in relation to food includes manufacture and any form of treatment or process;

“regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose; and

“sell” includes offer or expose for sale or have in possession for sale.

(2) Expressions used in these Regulations and in Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 bear the same meaning in these Regulations as they bear in those Regulations.

(3) Any reference to Regulation 1935/2004 or Directive 2002/72/EC is a reference to that Regulation or, as the case may be, that Directive as amended, at the date of making these Regulations and any reference to Regulation 2023/2006, the Annex of Directive 2002/72/EC, or the Annex of Directive 2007/42/EC is a reference to that Regulation or, as the case may be, those Annexes as amended from time to time thereafter.

(4) The Interpretation Act (Northern Ireland) 1954(7) applies to these Regulations as it applies to an Act of the Assembly.

Scope

3.  The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3) of Regulation 1935/2004.

(1)

S.R. 2009 No.56

(2)

OJ No. L220, 15.8.2002, p.18. This Directive was corrected by a corrigendum (OJ No. L39, 13.2.2003, p.1), and has been amended by Commission Directives 2004/1/EC (OJ No. L7, 13.1.2004, p.45), 2004/19/EC (OJ No. L71, 10.3.2004, p.8), 2005/79/EC (OJ No. L302, 19.11.2005, p.35), 2007/19/EC (OJ No.L97, 12.4.2007, p.50), 2008/39/EC (OJ No L63, 7.3.2008, p.6) and Commission Regulation (EC) No. 975/2009 (OJ No. L274, 20.10.2009, p.3)

(3)

OJ No. L172, 30.6.2007, p.71. This Directive repealed and consolidated without further amendment Commission Directive 93/10/EEC as last amended by Commission Directive 2004/14/EC

(4)

OJ No. L338, 13.11.2004, p.4, amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ No. L188, 18.7.2009, p.14)

(5)

OJ No. L384, 29.12.2006, p.75, amended by Commission Regulation (EC) No.282/2008 (OJ No. L86, 28.3.2008, p.9)

(6)

OJ No. L135, 30.5.2009, p.3

(7)

1954 c.33 (N.I.)