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The Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 1642
- Regulation 3
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Amendments to the Plastic Materials and Articles in Contact with Food (England) Regulations 2008
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3. For paragraph (3) of regulation 22 (other transitional defences and savings) substitute the following —
“(3) In any proceedings for an offence under these Regulations other than an offence referred to in regulation 21(1), it shall be a defence to prove —
(a)in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No.’s 30340, 30401, 56800, 76815, 76866, 88640 or 93760 contained in the Annex to Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(1), that the derogation contained in Article 1 of the Commission Regulation amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(2) is applicable; or
(b)in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No. 36640 (azodicarbonamide) contained in Annex III or in the case of plastic materials or articles which do not comply with the restrictions and specifications for phthalates under Ref. No.’s 74560, 74640, 74880, 75100 or 75105 contained in that Annex, that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st July 2008; or
(c)in any case other than those mentioned in sub-paragraph (a) or (b), that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st May 2009; and
(d)that the act constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2007/19/EC had not been implemented in England at the time the matter occurred.”
(1)
OJ No. L92, 3.4.2007, p.9.
(2)
Commission Regulation (EC) No. 597/2008 (OJ No. L164, 25.6.2008, p.12).
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