PART 7Requirements for certain epoxy derivatives

Restrictions on the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)16.

(1)

In this Part —

(a)

any reference to a numbered Article or Annex is a reference to that Article or Annex in Regulation 1895/2005; and

(b)

paragraphs (2) and (3) are subject to Article 1(3) (scope)17.

(2)

Subject to Article 6(1), (2) and (4) (transitional provisions)18 a person must not place on the market or use, in the course of a business in connection with the storage, preparation, packaging, sale or service of food —

(a)

any material or article in contravention of Article 3 (prohibition on use or presence of BFDGE) or Article 4 (prohibition on use or presence of NOGE); or

(b)

any material or article that fails to comply with the restrictions contained in Article 2 (BADGE) as read with Annex I (specific migration limit for BADGE and certain of its derivatives).

(3)

Subject to Article 6(3)19, a person must not place on the market any material or article which fails to comply with the requirements of Article 5 (written declaration)20.

(4)

Any person who contravenes paragraph (2) or (3) is guilty of an offence.