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2.—(1) In these Regulations —
“the Act” means the Food Safety Act 1990;
“the 1998 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 1998(1);
“the 2007 Regulations” means the Materials and Articles in Contact with Food (England) Regulations 2007(2);
“Directive 82/711” means Council Directive 82/711/EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs(3);
“Directive 85/572” means Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs(4);
“Directive 88/388” means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production(5);
“Directive 89/107” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption(6);
“the Purity Directives” means Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs(7), Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs(8) and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colours or sweeteners(9);
“the Directive” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs (10);
“Regulation 1935/2004” means Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC(11);
“Regulation 1895/2005” means Commission Regulation (EC) No 1895/2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food(12);
“authorised officer” means any person, whether or not an officer of the enforcement authority, who is authorised by it in writing to act in matters arising under these Regulations;
“BADGE” has the meaning given in Article 1(1)(a) of Regulation 1895/2005;
“BFDGE” has the meaning given in Article 1(1)(b) of Regulation 1895/2005;
“business” is to be construed in accordance with section 1(3) of the Act;
“capable” means capable as established under regulation 13;
“EFSA” means the European Food Safety Authority;
“enforcement authority” means an authority having responsibility under regulation 15 for executing and enforcing these Regulations;
“fatty foods” means foods for which, in migration testing, simulant D is specified in Directive 85/572/EEC;
“food” is to be construed in accordance with section 16(5) of the Act;
“good technical quality” means good technical quality as regards the purity criteria;
“handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;
“import” means import in the course of a business;
“infants” means children under the age of twelve months;
“material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;
“monomer” means any substance that is included for the purposes of the Directive among monomers and other starting substances;
“NOGE” has the meaning given in Article 1(1)(c) of Regulation 1895/2005;
“plastic functional barrier” means a barrier consisting of one or more layers of plastics which ensures that the finished material or article complies with Article 3 of Regulation 1935/2004 and with the Directive;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;
“plastic multi-layer material or article” means a plastic material or article composed of two or more layers of materials each consisting exclusively of plastics, which are bound together by means of adhesives or other means;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly;
“young children” means children aged between one and three years.
(2) For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.
(3) Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.
(4) Except in regulation 11(3) and in Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex to the Directive.
(5) Any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.
S.I. 1998/1376, as amended in relation to England by S.I. 2000/3162, S.I. 2002/2364, S.I. 2002/3008, S.I. 2004/3113 and S.I. 2005/325. It was revoked by SI 2006/1401.
OJ No. L297, 23.10.1982, p.26,.This was last amended by Commission Directive 97/48/EC (OJ No. L222, 12.8.1997, p.10).
OJ No. L372, 31.12.1985, p.14. This was last amended by Commission Directive 2007/19/EC (OJ No. L97, 12.4.2007 p.50).
OJ No. L184, 15.7.1988, p.61.
OJ No. L40, 11.2.1989, p. 27.
OJ No. L178, 28.7.95, p.1. This was last amended by Commission Directive 2004/46, OJ No. L114, 21.4.2004, p.15.
OJ No. L226, 22.9.95, p.1. This was last amended by Commission Directive 2004/47, OJ No. L113, 20.4.2004, p.24.
OJ No. L339, 30.12.96, p.1. This was last amended by Commission Directive 2003/95, OJ No. L283, 31.10.2003, p.71.
OJ No. L220, 15.8.2002, p.18. This was amended by Commission Directives 2004/1/EC (OJ No. L7, 13.1.2004, p.45), 2004/19/EC (OJ No. L71, 10.3.2004, p.8), 2005/79/EC (OJ No. L302, 19.11.2005, p.35), and 2007/19/EC (published in revised and corrected form in OJ No. L97, 12.4.2007, p.50).
OJ No. L338, 13.11.2004, p.4).
OJ No. L302, 19.11.2005, p.28.
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