15

The competent authorities for the purposes of Articles 8 and 16(1) of and Annex 1, Table 3 (notes on verification of compliance), Notes (23) and (27) to Regulation 10/2011 are the Food Standards Agency, each food authority in its area and each port health authority in its district.

PART 6ARequirements for Recycled Plastic Materials and Articles

Interpretation of this Part15A

In this Part any reference to a numbered Article is a reference to that Article of Regulation 282/2008.

Offences of contravening Article 3(1) of Regulation 282/200815B

Subject to the transitional provisions contained in Article 14, any person who places on the market a material or article that fails to comply with Article 3(1) (requirements for plastic materials and articles) is guilty of an offence.

Competent authorities for the purposes of Regulation 282/200815C

The competent authorities for the purposes of Article 10 are the Food Standards Agency and each food authority in its area.

PART 7ARequirements for bisphenol A

Interpretation of Part 7A17A

In this Part, any reference to a numbered Article is a reference to the Article so numbered in Regulation 2018/213.

Offences of contravening Article 2 of Regulation 2018/21317B

Subject to the transitional provisions contained in Article 6, any person who places on the market a material or article that fails to comply with Article 2 is guilty of an offence.

Competent authorities for the purposes of Regulation 2018/21317C

The competent authorities for the purposes of Article 4(3) are the Food Standards Agency and each food authority in its area.

19

1

Any person who contravenes regulation 10(3), 12(8) or 18(2) is guilty of an offence.

2

Any person who fails to comply with a compliance notice served on them under regulation 19A is guilty of an offence.

3

Any person who intentionally obstructs a person acting in the execution of Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 282/2008, Regulation 450/2009, Regulation 10/2011, Regulation 2018/213 or these Regulations is guilty of an offence.

4

Any person who, without reasonable excuse, fails to provide any assistance or information a person may reasonably require for the performance of their functions under the Regulations mentioned in paragraph (3) is guilty of an offence.

5

Any person who, in purported compliance with any requirement under paragraph (4), knowingly or recklessly supplies information that is false or misleading in any material particular is guilty of an offence.

6

A person guilty of an offence is liable—

a

in the case of an offence created by regulation 17B—

i

on conviction on indictment to a fine or to a term of imprisonment not exceeding two years or both; or

ii

on summary conviction to a fine or to a term of imprisonment not exceeding six months or both;

b

in the case of an offence created by paragraphs (1), (2), (3), (4) or (5) of this regulation or by regulation 4(3), 5, 7(1), 14(1), 15B or 16(4) on summary conviction to a fine.

7

Nothing in paragraph (3) or (4) is to be construed as requiring a person to answer any question or give any information if to do so might incriminate that person.

Compliance notices

19A

1

If an authorised officer has reasonable grounds for believing that any person has not complied with, is not complying with, or is not likely to comply with a provision specified in regulation 19B (which provisions concern declarations of compliance with legislative requirements or supporting documentation), the officer may serve a compliance notice on that person.

2

A compliance notice must state—

a

the reason for the service of the notice and the steps the person on whom the notice has been served must take;

b

the date and, if appropriate, the time by which each step must be taken;

d

that a failure to comply with the notice is an offence; and

e

the details of the right to appeal against the notice under regulation 19C.

3

An authorised officer may serve a notice on a person withdrawing, varying or suspending a compliance notice.

19B

The provisions are—

a

paragraphs (4) and (6) of regulation 10;

b

paragraph (6) of regulation 12;

c

Article 16 of Regulation 1935/2004;

d

Article 5 of Regulation 1895/2005;

e

Articles 10(3) and 12 of Regulation 282/2008;

f

Articles 12 and 13 of Regulation 450/2009;

g

the second sentence of Article 8, Article 15 as read with Annex 4 and Article 16 of Regulation 10/2011;

h

Article 4 of Regulation 2018/213.

Appeal against a compliance notice19C

1

Any person served with a compliance notice may appeal against that notice to a magistrates’ court.

2

The procedure on appeal to a magistrates’ court is by way of complaint for an order, and the Magistrates’ Courts Act 198014 applies to the proceedings.

3

The period within which an appeal may be brought is one month from the date on which the compliance notice was served on the person wishing to appeal and the making of a complaint for an order is deemed for the purposes of this paragraph to be the bringing of the appeal.

4

A compliance notice is not suspended pending an appeal unless—

a

an authorised officer suspends it under regulation 19A(3); or

b

the court directs that it be suspended.

5

The court may—

a

confirm the notice or any requirement contained in it;

b

vary the notice or any requirement contained in it; or

c

revoke the notice or any requirement contained in it.

20

1

Each food authority in its area is to execute and enforce Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 282/2008, Regulation 450/2009, Regulation 10/2011, Regulation 2018/213 and these Regulations.

2

Each port health authority in its district is to execute and enforce Regulation 1935/2004, Regulation 1895/2005, Regulation 450/2009, Regulation 10/2011, Regulation 2018/213 and these Regulations.

3

 The Food Standards Agency may execute and enforce the provisions of—

a

Articles 16 and 17(2) of Regulation 1935/2004;

b

Article 10 of Regulation 282/2008;

c

Article 13 of Regulation 450/2009;

d

Article 8 and 16(1) of and Annex 1, Table 3 (notes on verification of compliance), Notes (23) and (27) to Regulation 10/2011; and

e

Article 4(3) of Regulation 2018/213.

1

The quantities of lead and cadmium transferred from ceramic articles must not exceed the limits set out in paragraph (4) as read with paragraphs (3) and (5).

1

No person may place on the market a ceramic article that does not comply with the requirements of regulation 10(1) as read with regulation 10(2).

a

paragraphs (2) and (3) of regulation 10A;