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

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[F1Transitional defences relating to infant feeding bottles containing Bisphenol AS

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18A.(1) In any proceedings for an offence under regulation 3 in connection with the sale or import into the EU of a polycarbonate infant feeding bottle which fails to meet the required standard it is a defence to prove that the plastic material or article—

(a)was placed on the market or as the case may be imported into the EU before 1st June 2011; and

(b)complied with these Regulations as they stood immediately before the amendment made to Annex II to the Directive by Commission Directive 2011/8/EU.

(2) In any proceedings for an offence under regulation 4 in connection with the use of Bisphenol A in the manufacture of a polycarbonate infant feeding bottle it is a defence to prove that the plastic material or article—

(a)was manufactured before 1st March 2011; and

(b)complied with these Regulations as they stood immediately before the amendment made to Annex II to the Directive by Commission Directive 2011/8/EU.

(3) In this regulation, Commission Directive 2011/8/EU means Commission Directive 2011/8/EU amending Directive 2002/72/EC as regards the restriction of use of Bisphenol A in plastic infant feeding bottles.]

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