4. 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).
5. Any person who contravenes the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.
5A. 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).]
Textual Amendments
F1Reg. 5A inserted (19.12.2009) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2009 (S.S.I. 2009/426), regs. 1, 4
6. 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).
7. The competent authority for the purposes of Articles 6(2) and 7(3) of Regulation 2023/2006 is each food authority in its area.
7A. 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).]
Textual Amendments
F2Reg. 7A inserted (19.12.2009) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2009 (S.S.I. 2009/426), regs. 1, 5