(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, provide for the execution and enforcement of Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods (“the Commission Regulation”).

The Regulations–

a

designate the bodies having the duty to enforce these Regulations and the Commission Regulation (regulation 3);

b

make it a solemn or summary offence to contravene the requirements of Article 1 of the Commission Regulation, which provides that lids containing gaskets made of plastic materials must comply with the detailed specifications set out in the Annex to that Regulation (regulation 4(1)(a) and (2)(a));

c

make it a summary offence to obstruct, fail to give information to or give false information to anyone enforcing these Regulations (regulation 4(1)(b), (c) & (d) and (2)(b));

d

specify a time limit for commencing a prosecution (regulation 5);

e

provide for defences of a general nature, such as exercising due diligence etc., to alleged offences under these Regulations (regulation 6);

f

specify the procedure to be followed when sending a sample for analysis (regulation 7);

g

make provision for a reference sample to be analysed by the Government Chemist (regulation 8); and

h

apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 9).

A full regulatory impact assessment of the effect that this instrument will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.