The Materials and Articles in Contact with Food (Scotland) Regulations 2007 (revoked) No. 471

PART 2 S General Requirements for Materials and Articles

Enforcement of Regulation 1935/2004 S

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).

Enforcement of Regulation 2023/2006 S

5.  Any person who contravenes the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.

[F1 Enforcement of Regulation 450/2009 S

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

F1 Reg. 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

Competent authorities for the purposes of Regulation 1935/2004 S

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).

Competent authority for the purposes of Regulation 2023/2006 S

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.

[F2 Competent authorities for the purposes of Regulation 450/2009 S

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

F2 Reg. 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