The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009

Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)

12.—(1) In this regulation–

(a) any reference to a numbered Article is a reference to that Article in Regulation 1895/2005;

(b) paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines);

(c) for the purposes of Article 6(4) the competent authority is the food authority.

(2) Subject to Article 6(1), (2) (transitional provisions) and (4) (requirement to disclose date of filling to competent authority), no person may–

(a) manufacture;

(b) use for the handling of food in the course of a business; or

(c) for the purpose of the handling of food–

(i) sell; or

(ii) import,

any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).

(3) No person may manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).

(4) Subject to Article 6(1), no person may–

(a) use for the handling of food in the course of a business; or

(b) for the purpose of the handling of food–

(i) sell; or

(ii) import,

any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.

(5) Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), no person shall contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).

(6) No person shall without reasonable excuse fail to comply with a request made under Article 6(4).