The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2002 (revoked)

12.  In regulation 10 (offences)–

(a) in paragraph (1), for “regulation 3, 4(1), 5(1) or 8” there shall be substituted “ regulation 3, 4(1), 4A(1), (2) or (3), 5(1), 8(1) or 8A(1), (2) or (3) ”;

(b) in each of paragraphs (9) and (10), after “plastic material or article” there shall be inserted “ or, as the case may be, adhesive or material or article covered by a surface coating, ”; and

(c) after paragraph (15) there shall be inserted–

“(16) In any proceedings for an offence under these Regulations, it shall be a defence to prove that–

(a) the act constituting the offence was committed in relation to a plastic material or article intended to come into contact with food which was put into free circulation in the European Community on or before 30th November 2002; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (17) below had not been in force at the time that matter occurred.

(17) For the purposes of paragraph (16) above, “free circulation” shall have the same meaning as it bears in Article 23.2 of the Treaty establishing the European Community.

(18) The provisions referred to in paragraph (16) above are regulations 5(c), 6(b), 8(a), (b) and (d), 10, 12(a), 15, 16 and 17 of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2002 to the extent that they implement or provide for the enforcement of those requirements of Commission Directive 2001/62/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs M1 to which Article 2 of that Directive applies.

(19) In any proceedings for an offence under these Regulations, it shall be a defence to prove that–

(a) the act constituting the offence was the sale of–

(i) an adhesive; or

(ii) a material or article covered by a surface coating,

which was brought into contact with food on or before 28th February 2003, provided that the date of filling appeared on the materials and articles at the time of sale and that the labelling or marking of which complied at the time of sale with the requirements of Directive 2000/13 of the European Parliament and the Council on the approximation of the laws of the member states relating to the labelling, presentation and advertising of foodstuffs M2 ; and

(b) the sale would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (20) below had not been in force at the time of sale.

(20) The provisions referred to in paragraph (19) above are regulations 5(a) and (e), 11 and 12(a) of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2002 which implement or provide for the enforcement of those requirements of Commission Directive 2002/16 which relate to adhesives or materials and articles covered by surface coatings.”.

Marginal Citations

M1 O.J. No. L 221, 17.8.01, p.18.

M2 O.J. No. L 109, 6.5.00, p.29.