PART 2SGeneral Requirements for Materials and Articles
Enforcement of Regulation 1935/2004S
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 2023/2006S
5. 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 450/2009S
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
Competent authorities for the purposes of Regulation 1935/2004S
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 2023/2006S
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.
[F2Competent authorities for the purposes of Regulation 450/2009S
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