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The Materials and Articles in Contact with Food (Scotland) Regulations 2005

Controls and limitsS

8.—(1) This Part applies to regenerated cellulose film which–

(a)constitutes a finished product in itself; or

(b)is part of a finished product containing other materials,

and is intended to come into contact with food, or by being used for that purpose does come into contact with food.

(2) Any reference in this regulation to Annex II is a reference to Annex II to Directive 93/10/EEC relating to materials and articles made of regenerated cellulose film intended to come into contact with food(1) as amended by Commission Directive 93/111/EC(2) and Commission Directive 2004/14/EC(3).

(3) Subject to paragraph (5) no person shall manufacture any regenerated cellulose film intended to come into contact with food using any substance or group of substances other than the substances named or described–

(a)in the first column (denominations) of Annex II in the case of–

(i)uncoated film; or

(ii)coated film where the coating is derived from cellulose; or

(b)in the first column of the First Part of Annex II in the case of film to be coated, where the coating will consist of plastics;

and other than in accordance with the conditions and restrictions specified in the corresponding entry in the second column of the appropriate Part of Annex II, as read with the preamble to that Annex.

(4) No person shall manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances other than the substances listed in Schedules 1, 2 or 2A to the 1998 Regulations and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Regulations and in the Schedules thereto.

(5) Substances other than those listed in Annex II may be used as colourants or adhesives in the manufacture of a film to which paragraph (3)(a) applies, provided that such film is manufactured in such a way that it does not transfer any of those substances to food in any detectable quantity.

(6) No person shall–

(a)sell;

(b)import; or

(c)use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,

any regenerated cellulose film which has been manufactured in contravention of paragraphs (3), (4) or (5) or which does not comply with paragraph (8).

(7) No person shall use in the course of a business in connection with the storage, preparation, packaging, serving or selling of food–

(a)where the food contains water physically free at the surface, any regenerated cellulose film which contains bis (2–hydroxyethyl) ether, ethanediol or both these substances;

(b)any regenerated cellulose film in such a way that any printed surface of that film comes into contact with food.

(8) Any material or article made of regenerated cellulose film, unless by its nature clearly intended to come into contact with food, shall be accompanied at a marketing stage other than the retail stage by a written declaration attesting that it complies with the legislation applicable to it.

Commencement Information

I1Reg. 8 in force at 21.5.2005, see reg. 1(1)

(1)

O.J. No. L 93, 17.4.93, p.27.

(2)

O.J. No. L 310, 14.12.93, p.41.

(3)

O.J. No L 27, 30.1.04, p.48.