PART 2General Requirements for Materials and Articles

Offences of contravening specified provisions of Regulation 1935/20044

Subject to the transitional provisions contained in Article 27 of Regulation 1935/2004, any person who contravenes any of the following provisions of that Regulation is guilty of an offence —

a

Article 3 (general requirements);

b

Article 4 (special requirements for active and intelligent materials and articles);

c

Article 11(4) and (5) (provisions relating to authorisation at EU level);

d

Article 15(1), (3), (4), (7) and (8) (labelling);

e

Article 16(1) (declaration of compliance); or

f

Article 17(2) (traceability).

Offences of contravening Article 4 of Regulation 2023/20065

Any person who fails to comply with the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.

Offences of contravening specified provisions of Regulation 450/20096

Subject to the transitional provisions contained in Article 14 of Regulation 450/2009, any person who contravenes any of the following provisions of that Regulation is guilty of an offence —

a

Article 4 (placing on the market of active and intelligent materials and articles);

b

Article 5(1) (list of substances that may be used in active and intelligent components) as read with Article 5(2);

c

Article 9(1) (relating to certain categories of substances not on the authorised list), as read with Article 9(2) and (3);

d

Article 10(1) (relating to a category of substances not on the authorised list), as read with Article 10(2);

e

Article 11(1) and (2) (rules on labelling);

f

Article 12 (requirement for a declaration of compliance); or

g

Article 13 (requirements relating to supporting documentation).

Competent authorities7

1

The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 specified below —

a

in respect of Articles 9 and 13, the Food Standards Agency; and

b

in respect of Articles 16(1) and 17(2), the Food Standards Agency and the district council having responsibility for enforcement pursuant to regulation 14(1).

2

The competent authority for the purposes of Article 6(2) and 7(3) of Regulation 2023/2006 is each district council in its district.

3

The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the district council having responsibility for enforcement pursuant to regulation 14(1).