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

PART 1 BASIC RULES

1.  Subject to paragraphs 2, 3 and 4 of this Part, migration tests for the determination of specific and overall migration shall be carried out using the food simulants specified in Parts 2, 3 and, where appropriate 4, and under conventional migration test conditions as specified in Part 5.

2.  Subject to paragraphs 3 and 4 of this Part, substitute tests which use test media under the conventional substitute test conditions as specified in Part 6 shall be carried out if the migration test using the fatty food simulants specified in Part 3 is not feasible for technical reasons connected with the method of analysis.

3.  Subject to paragraph 4 of this Part, alternative tests as specified in Part 7 may be used instead of the migration test with fatty food simulants specified in Part 3 but the results of such alternative tests may not be used to determine compliance with a migration limit unless the conditions specified in Part 7 are fulfilled.

4.  In migration testing it is permissible to–

(a) reduce the number of tests to be carried out to that or those which, in the specific case under examination, is or are generally recognised to be the most severe on the basis of scientific evidence;

(b) omit the migration, the substitute or the alternative tests where–

(i) there is conclusive proof that the migration limits cannot be exceeded in any foreseeable conditions of use of the material or article; or

(ii) the conditions for non compulsory testing set out in Article 8(2) or 8(3) of the Directive are met.