PART 2General Requirements for Materials and Articles
Enforcement of Regulation 1935/20044
Subject to the provisions of Article 27 (transitional arrangements), any person who contravenes any of the following provisions of Regulation 1935/2004 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 Community authorisation);
d
Article 15(1), (2), (3), (4), (7) and (8) (labelling);
e
Article 16(1) (declaration of compliance); and
f
Article 17(2) (traceability).
Enforcement of Regulation 2023/20065
Any person who contravenes the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.
F1Enforcement of Regulation 450/20095A
Any person who contravenes any of the following provisions of Regulation 450/2009 is guilty of an offence—
a
Article 4(f) (prohibition on the placing on the market of active and intelligent materials and articles that do not comply with labelling requirements);
b
Article 11(1) and (2) (additional rules on labelling), as read with the 4th indent of Article 14;
c
Article 12 (declaration of compliance); and
d
Article 13 (supporting documentation).
Competent authorities for the purposes of Regulation 1935/20046
The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 as specified below–
a
in respect of Article 9, the Food Standards Agency;
b
in respect of Articles 16(1) and 17(2), the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 15(1).
Competent authority for the purposes of Regulation 2023/20067
The competent authority for the purposes of Articles 6(2) and 7(3) of Regulation 2023/2006 is each food authority in its area.
F2Competent authorities for the purposes of Regulation 450/20097A
The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 15(1).