The Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002

Title, commencement and application

1.—(1) These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002 and shall come into force on 30th November 2002.

(2) These Regulations apply to Wales only.

Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998

2.  The Plastic Materials and Articles in Contact with Food Regulations 1998(1) (“the principal Regulations”) shall be amended, in so far as they apply to Wales, in accordance with regulations 3 to 18.

3.  Immediately after regulation 1 there shall be added the following regulation—

“Scope of these Regulations

1A.   Notwithstanding the title to these Regulations—

(a) regulations 3 and 9 to 12 apply also in relation to adhesives and to materials or articles covered by surface coatings; and

(b) regulation 8A and regulation 8B apply only in relation to adhesives and to materials or articles covered by surface coatings.”.

4.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) immediately after the definitions of “additive” there shall be inserted the following definitions—

““adhesive” means anything which, for the purposes of Commission Directive 2002/16, is included among the adhesives to which that Directive applies;

“BADGE” means 2,2-bis(4-hydroxyphenyl) propane bis(2,3-epoxypropyl) ether;

“BFDGE” means bis(hydroxyphenyl) methane bis(2,3-epoxypropyl) ethers;”,

(ii) for the definition of “capable” there shall be substituted the following definition—

• ““capable” means capable as established—

  (a)

  in relation to any plastic material or article, under regulation 6; and

  (b)

  in relation to any adhesive or material or article covered by a surface coating, under regulation 8B;”,

(iii) immediately after the definition of “capable” there shall be inserted the following definitions—

““Commission Directive 2001/62” means Commission Directive 2001/62/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs(2);

“Commission Directive 2002/16” means Commission Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs(3);”,

(iv) For the definition of “the Directive” there shall be substituted the following definition - ““the Directive” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs (4);”,

(v) immediately after the definition of “import” there shall be inserted the following definition—

““material or article covered by a surface coating” means anything which, for the purposes of Commission Directive 2002/16, is included among the materials and articles covered by surface coatings to which that Directive applies;”,

(vi) immediately after the definition of “monomer” there shall be inserted the following definition—

““NOGE” means novolac glycidyl ethers not covered by Article 1(a) or (b) of Commission Directive 2002/16;”,

(vii) at the end of the definition of “plastic material or article” there shall be added the following words “, except that, where it is used in any provisions referred to in paragraph (5) below, to the extent that they implement or relate to the enforcement of Commission Directive 2002/16, it means any material or article made of any type of plastic”; and

(viii) after the definition of “sell” there shall be added the following definition—

• ““QMA” has the same meaning as it bears in the first sentence of the sub-paragraph relating to that term in paragraph 8 of Annex II to the Directive;”;

(b) for paragraph (2) there shall be substituted the following provision—

“(2) For the purposes of these Regulations, the supply in the course of a business, otherwise than on sale, of any plastic material or article, adhesive or material or article covered by a surface coating, shall be deemed to be a sale of the plastic material or article, adhesive or material or article covered by a surface coating concerned.”; and

(c) immediately after paragraph (4) there shall be inserted the following paragraph—

“(5) The provisions referred to in the definition of “plastic material or article” in paragraph (1) of this regulation are regulations 3, 4, 4A, 5, 6, 10, 11 and 12 and Schedules 3 and 4.”.

5.  In regulation 3 (restriction on the use, sale or importation of plastic materials and articles)—

(a) for the heading there shall be substituted the following heading—

“Restriction on the use, sale or importation of plastic materials and articles, adhesives and materials and articles covered by surface coatings”;

(b) in paragraphs (1) and (2), immediately after the references to “plastic material or article”, wherever they appear, there shall be inserted references to “, adhesive or material or article covered by a surface coating”;

(c) in sub-paragraph (4)(a)(iii) the word “or” shall be deleted;

(d) for sub-paragraph (4)(a)(iv) there shall be substituted the following sub-paragraph—

“(iv) it does not comply with regulation 4(5), (5A) or (5B), 4A(4), (5) or (6), 5(4), (4A), (4B) or (4C), 7 or 7A(1) or 8A(4), (5) or (6); or”; and

(e) immediately after sub-paragraph (4)(a)(iv) there shall be added the following sub-paragraph—

“(v) it has been manufactured in contravention of a prohibition contained in regulation 4A(1), (2) or (3),”.

(f) there shall be added at the end the following paragraph—

“(5) For the purposes of this regulation, an adhesive or a material or article covered by a surface coating fails to meet the requisite standards if—

(i) it has been manufactured in contravention of a prohibition contained in regulation 8A(1), (2) or (3), or

(ii) it does not comply with regulation 8A(4), (5) or (6).”.

6.  In regulation 4 (restriction on manufacture with monomers)—

(a) for the heading and paragraph (1) there shall be substituted the following provisions—

“Restriction on manufacture with monomers of plastic materials and articles

(1) Subject to the following paragraphs of this regulation, no person shall use in the manufacture of any plastic material or article any prohibited monomer, that is to say—

(a) any monomer (not being one to which sub-paragraph (b) or (c) below relates) which is not—

(i) of good technical quality;

(ii) identified by PM/REF No. , CAS No. (if any) and name in columns 1, 2 and 3 respectively of the relevant section of Part I of Schedule 1, and

(iii) used in accordance with the restrictions and specifications (if any) for that monomer set out or referred to in the corresponding entry in column 4 of that section;

(b) BFDGE to the extent that they are used in such manufacture—

(i) on or after 1st January 2005, or

(ii) prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or

(c) NOGE to the extent that it is used in such manufacture—

(i) on or after 1st January 2005, or

(ii) prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.”;

(b) in paragraph (2)—

(i) for sub-paragraph (b) there shall be substituted the following provisions - “ in the case of a plastic material or article manufactured on or after 30th November 2002 and before 1st January 2005, Section A or B”, and

(ii) for sub-paragraph (c), there shall be substituted the following provisions “ in the case of a plastic material or article manufactured on or after 1st January 2005, Section A.”;

(c) for paragraph (3) there shall be substituted the following paragraph—

“(3) Paragraph (1)(a) of this regulation does not apply to the use of a monomer in the manufacture of any—

(a) surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including, but not limited to, varnishes, lacquers and paints;

(b) epoxy resins;

(c) adhesives and adhesion promoters; or

(d) printing inks.”;

(d) in paragraph (4), for the expression “Paragraph (1)” there shall be substituted the expression “Paragraph (1)(a)”;

(e) immediately after paragraph (5) there shall be inserted the following paragraphs—

“(5A) No plastic material or article manufactured using BFDGE as a monomer shall be capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(5B) On or after 1st March 2003, no plastic material or article manufactured using NOGE as a monomer shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”; and

(f) in paragraph (7)—

(i) for the expression “paragraph (1)” there shall be substituted the expression “paragraph (1)(a)”, and

(ii) after the words “Part I of Schedule 1” there shall be inserted the words “or to which sub-paragraph (b) or (c) of that paragraph relates”.

7.  Immediately after regulation 4 (restriction on manufacture with monomers) there shall be inserted the following regulation—

“Restriction on manufacture of plastic materials and articles using certain substances other than as monomers or additives

4A.— (1) No person shall use BADGE in the manufacture of any plastic material or article, where the use is not as a monomer or an additive—

(a) on or after 1st January 2005; or

(b) prior to that date in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(2) No person shall use BFDGE in the manufacture of any plastic material or article, where the use is not as a monomer or an additive—

(a) on or after 1st January 2005; or

(b) prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(3) No person shall use NOGE in the manufacture of any plastic material or article, where the use is not as a monomer or additive—

(a) on or after 1st January 2005; or

(b) prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.

(4) No plastic material or article manufactured using BADGE other than as a monomer or an additive shall be capable of transferring constituents of BADGE to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(5) No plastic material or article manufactured using BFDGE other than as a monomer or an additive shall be capable of transferring constituents of BFDGE to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(6) On and after 1st March 2003, no plastic material or article manufactured using NOGE other than as a monomer or an additive shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”.

8.  In regulation 5 (restriction on manufacture with additives)—

(a) for the heading and paragraph (1) there shall be substituted the following provisions—

“Restriction on manufacture of plastic materials and articles with additives

(1) Subject to the following paragraphs of this regulation, no person shall use in the manufacture of plastic material or article any prohibited additive, that is to say—

(a) any additive identified by PM/REF No. , CAS No. (if any) and name in columns 1, 2 and 3 respectively of Part I of Schedule 2 or columns 1, 2 and 3 respectively of Part II of that Schedule, which is not—

(i) of good technical quality, and

(ii) used in accordance with the restrictions and specifications (if any) for that additive set out in the corresponding entry in column 4 of Part I or Part II, as appropriate;

(b) BADGE to the extent that it is used in such manufacture—

(i) on or after 1st January 2005, or

(ii) prior to that date in contravention of the restriction specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex;

(c) BFDGE which is used in such manufacture—

(i) on or after 1st January 2005, or

(ii) prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or

(d) NOGE not otherwise covered by this paragraph and which is used in such manufacture—

(i) on or after 1st January 2005, or

(ii) prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.”;

(b) in paragraph (2), immediately after the expression “Part I” there shall be added the expression “or Part II”;

(c) for paragraph (3), there shall be substituted the following paragraph—

“(3) Part III of Schedule 2 shall have effect to supplement this regulation and Parts I and II of that Schedule.”;

(d) in paragraph (4)—

(i) for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or Part II of Schedule 2,”, and

(ii) in each of sub-paragraphs (a) and (b), for the word “therein” there shall be substituted the expression “that column”.

(e) between paragraphs 4 and 5 there shall be inserted the following paragraphs—

“(4A) No plastic material or article manufactured using BADGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4B) No plastic material or article manufactured using BFDGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4C) On and after 1st March 2003, no plastic material or article manufactured using NOGE as an additive shall fall to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”; and

(f) in paragraph (5), for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or Part II of Schedule 2,”.

9.  n regulation 6 (method of testing capability of transferring constituents)—

(a) for the heading, the introductory words and paragraph (1)(a) there shall be substituted the following heading—

“Method of testing the capability of plastic materials or articles of transferring constituents and methods of analysis;

(1) For the purposes of these Regulations, a plastic material or article shall be treated as being capable of transferring constituents other than NOGE to food with which it may come into contact to the extent that such capability is established—

(a) in any case other than one to which sub-paragraph (b) below relates, and subject to Article 8.4 of Commission Directive 2001/62 (which may be applied on compliance with the conditions stated therein) by the verification methods specified in Schedules 3 and 4;”; and

(b) after paragraph (3) there shall be added the following provisions—

“(4) The specific migration from a plastic material or article shall, where applicable, be determined in the manner specified in the relevant sub-division of paragraph 8 of the Annex to the Directive.

(5) The specific migration from a plastic material or article of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(6) The specific migration from a plastic material or article of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(7) Whether or not the detection requirement specified in Article 4 of Commission Directive 2002/16 is complied with in relation to a plastic material or article shall be determined in the manner specified in the second sentence of that Article.

(8) The quantity of a constituent in a plastic material or article shall, where applicable, be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II to the Directive relating to the term “QM(T)” or, as the case may be, the sub-paragraph of that paragraph relating to the term “QMA”.

10.  For regulation 7A (specifications) there shall be substituted the following regulation—

“Specifications

7A.— (1) Subject to paragraph (3), no plastic material or article manufactured using isocyanates or colourants prepared by diazo-coupling shall be capable of transferring primary aromatic amines (expressed as aniline), not being primary aromatic amines listed in these Regulations, to food with which that plastic material or article may come into contact.

(2) Schedule 2B shall have effect for the purpose of prescribing, for certain items listed in Part I of Schedule 1, Part I or II of Schedule 2 or Schedule 2A, the specifications for those items which are referred to in column 4 of the Part or, as the case may be, Schedule concerned.

(3) For the purposes of paragraph (1), “detectable quantity” means a quantity of at least DLO.02 milligrams per kilogram of food or food simulant (analytical tolerance included).”.

11.  Immediately after regulation 8 (labelling) there shall be inserted the following regulations—

“Restriction on manufacture with certain substances of adhesives materials and articles covered by surface coatings and adhesives

8A.— (1) No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use BADGE in the manufacture of any—

(a) adhesive; or

(b) material or article covered by a surface coating.

on or after 1st January 2005, or prior to that date, in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(2) No person shall (in any case not covered by Article 1.2 of Commission Directive 2002/16) use BFDGE in the manufacture of any—

(a) adhesive; or

(b) material or article covered by a surface coating

on or after 1st January 2005, or prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(3) No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use NOGE in the manufacture of any—

(a) adhesive; or

(b) material or article covered by a surface coating

on or after 1st January 2005, or prior to that date but, on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.

(4) No adhesive, or material or article covered by a surface coating, manufactured using BADGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BADGE to food with which the adhesive or, as the case may be, material or article, may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex 1 to that Directive, as read with the second sentence of paragraph 2 of that Annex.

(5) No adhesive, or material or article covered by a surface coating, manufactured using BFDGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BFDGE to food with which that adhesive or, as the case may be, material or article, may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to that Directive, as read with the second sentence of paragraph 2 of that Annex.

(6) On and after 1st March 2003, no adhesive, or material or article covered by a surface coating, manufactured using NOGE and not covered by Article 1(2) of Commission Directive 2002/16, shall fail to comply with the requirements of the first sentence of Article 4 of that Directive.

Method of testing the capability of materials or articles covered by surface coatings and adhesives of transferring constituents and methods of analysis

8B.— (1) Subject to paragraphs (2) and (3) of this regulation, for the purposes of regulation 8A(1), (2), (4) and (5) an adhesive or a material or article covered by a surface coating shall be treated as being capable of transferring BADGE or, as the case may be, BFDGE to food with which it may come into contact to the extent that it is established for those purposes by the verification methods specified in Section A or Schedule 3 and in Schedule 4.

(2) Subject to paragraph (3) of this regulation, in Section A of Schedule 3 and in Schedule 4, references to migration or release of a substance shall be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, the food with which the substance may come into contact.

(3) For the purposes of paragraphs (1) and (2) of this regulation, Schedules 3 and 4 shall have effect as if—

(a) the references in Section A of Schedule 3 and in Schedule 4 to “a plastic material or article” were references to “an adhesive or a material or article covered by a surface coating”; and

(b) the references in paragraph 4(3) and (4) of Section A of Schedule 3 to “regulation 7, Schedule 1 or Schedule 2” were references to “a migration limited referred to in regulation 8A(4) or (5)”; and

(c) the reference in paragraph 5 of Part II of Schedule 4 and paragraph 2(1)(b) of Part III of that Schedule to “regulation 7 or Schedule 1” were a reference to “regulation 8A(4) or (5)”.

(4) The specific migration from an additive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(5) The specific migration from an adhesive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.

(6) Whether or not the detection limit specified in Article 4 of Commission Directive 2002/16 is complied with in relation to an adhesive or a material or article covered by a surface coating shall be determined in the manner specified in the second and third sentences of that Article.”.

12.  In regulation 10 (offences)—

(a) in paragraph (1), for the expression “regulation 3, 4(1), 5(1) or 8” there shall be substituted the expression “3, 4(1), 4A(1), (2) or (3), 5(1), 8 or 8A(1), (2) or (3)”;

(b) in each of paragraphs (9) and (10), immediately after the words “plastic material or article” there shall be inserted the words “or, as the case may be, adhesive or material or article covered by a surface coating,”; and

(c) immediately after paragraph (15) there shall be added the following paragraphs—

“(16) Subject to paragraph (18) of this regulation, in any proceedings for an offence under these Regulations, it shall be a defence to prove that—

(a) the act constituting the offence was committed in relation to a plastic material or article which was put into circulation in the European Community before 30th November 2002; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (17) below had not been in force at the time that matter occurred.

(17) The provisions referred to in paragraph (16) of this regulation are regulations 5(d), 6(b), 8(a), (b) and (d), 10, 12(a) and 15 to 17 of the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002 which implement or provide for the enforcement of the requirements of Commission Directive 2001/62 to which Article 2 of that Directive applies.

(18) For the purposes of paragraph (16) of this regulation, “free circulation” shall have the same meaning as in Article 2 of Commission Directive 2001/62.

(19) In any proceedings for an offence under these Regulations, it shall be a defence to prove that—

(a) the act constituting the offence consisted was the sale of an adhesive or a material or article covered by a surface coating—

(i) which was brought into contact with food before 28th February 2003,

(ii) on which (in the case of a material or article covered by a surface coating) the date of filling appeared at the time of sale; and

(iii) the labelling or marking of which at the time of sale (in the case of a material or article covered by a surface coating) complied with the requirement as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(5);

(b) the sale would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (20) below had not been in force at the time of sale.

(20) The provisions referred to in paragraph (18) above are regulations 5(b) and (f), 8A and 12(a) of those provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002”.

13.  In regulation 11 (presumption as to food with which a plastic material or article is to come into contact) and the heading thereto, immediately after the words “plastic material or article”, wherever they appear, there shall be inserted the words “, adhesive or material or article covered by a surface coating,”.

14.  In regulation 12 (application of other provisions)—

(a) in paragraph (1), after the words “plastic materials or articles” there shall be added the words “, adhesives and materials or articles covered by a surface coating”; and

(b) in paragraph (3), for the words “relate to plastic materials or articles” there shall be substituted the words “apply to plastic materials or articles, adhesives or materials or articles covered by a surface coating”.

15.  In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary)—

(a) in Section A of Part I—

(i) in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number and letter, PM/REF No. CAS No. (if any), name and restriction or specification specified for that monomer in that Part shall be inserted in the appropriate numerical position for that item number and letter,

(ii) in the case of each monomer named in the second column of Part II of Schedule 1 to these Regulations, for the item number and letter for that monomer specified opposite to it in the first column (item) there shall be substituted the item number and letter for it specified in the first column (item) of that Part, and

(iii) in the case of each monomer named in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part;

(b) for Section B of Part I there shall be substituted the contents of Part IV of Schedule 1 to these Regulations; and

(c) in Part II, for paragraph 4 there shall be substituted the following paragraph—

“4.   Where an entry in column 4 of Part I of this Schedule (restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in that Part:

(1) Warning: there is a risk that the specific migration limit could be exceeded in fatty food simulants.

(2) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 10060 and 23920.

(3) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 15760, 16990, 47680, 53650 and 89440.

(4) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.

(5) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.

(14) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.

(21) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260 and 18670.”.

16.  In Schedule 2 (additives and supplementary)—

(a) In Part I—

(i) for the heading “Part I Additives” there shall be substituted the heading “Part I: Incomplete list of additives used in the manufacture of plastic materials and articles (not being additives to which paragraph 5 of Part III of this Schedule applies)”,

(ii) in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number and letter, PM/REF No. , CAS No. (if any), name and restriction or specification (if any) specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number and letter,

(iii) in the case of each additive named in the second column of Part II of Schedule 2 to these Regulations, for the item number for that additive specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part,

(iv) in the case of each additive named in the first column of Part III of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part, and

(v) all the entries for the additive Silicic acid, salts, (item 241) shall be deleted;

(b) immediately after Part I there shall be inserted the contents of Part IV of Schedule 2 to these Regulations (which shall become Part II of Schedule 2 to the principal Regulations on the coming into force of these Regulations);

(c) in Part II—

(i) in the heading, for the expression “Part II” there shall be substituted the expression “Part III”;

(ii) in paragraph 1, for the expression “Part I” there shall be substituted the expression “Parts I and II”;

(iii) in each of paragraphs 2, 3 and 4, immediately after the expression “Part I” there shall be added the expression “or Part II”; and

(iv) for paragraph 4 there shall be substituted the following paragraph—

“4.   Where an entry in column 4 of Part I or in column 4 of Part II of this Schedule (in each case restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in those Parts:

(1) Warning: there is a risk that the SML could be exceeded in fatty food simulants.

(2) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 10060 and 23920.

(3) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 15760, 16990, 47680, 53650 and 89440.

(4) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.

(5) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.

(6) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 66560 and 66580.

(7) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 30080, 42320, 45195, 45200, 53610, 81760, 89200 and 92030.

(8) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 42400, 64320, 73040, 85760, 85840, 85920 and 95725.

(9) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 30180, 40980, 63200, 65120, 65200, 65280, 65360, 65440 and 73120.

(10) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 45200, 64320, 81680 and 86800.

(11) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 36720, 36800 and 92000.

(12) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 39090 and 39120.

(13) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 44960, 68078, 82020 and 89170.

(14) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.

(15) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 49600, 67520 and 83599.

(16) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 50160, 50240, 50320, 50360, 50400, 50480, 50560, 50640, 50720, 50800, 50880, 50960, 51040 and 51120.

(17) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 67600, 67680 and 67760.

(18) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 60400, 60480 and 61440.

(19) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 66400 and 66480.

(20) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 93120 and 93280.

(21) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260 and 18670.”; and

(d) immediately after paragraph 4 there shall be added the following paragraph—

“5.   In the case of the substances listed in Part II of this Schedule, the specific migration limits specified in column 4 of that Part (restrictions and specifications) shall have effect from 1st January 2004 where the verification of compliance is carried out in simulant D or in test media of substitute tests as prescribed in Council Directive 82/711/EEC(6) and Council Directive 85/572/EEC(7).”.

17.  In Schedule 2B (specifications) in the case of each substance listed in Schedule 3 to these Regulations, the item number and letter, PM/REF No. and specification set out for that substance in that Schedule shall be inserted in the appropriate numerical position for that item number and letter.

18.  In Schedule 3 (provisions applicable when testing compliance with the migration limits)—

(a) in each of sub-paragraphs (3) and (4) of paragraph 4, after the words “specified in regulation” there shall be inserted the expression “4(5A), 4A(4) or (5), 5(4A) or (4B), or”; and

(b) for sub-paragraph (2)(b) of paragraph 8 there shall be substituted the following sub-paragraph—

“(b) 12 mg/kg or, as the case may be, 2 milligrams per square decimeter in migration tests using other simulants referred to in Schedule 4.”.

Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990

19.  In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990(8) (provisions to which those Regulations do not apply) the reference in the second column, opposite the reference in the first column to the Plastic Materials and Articles in Contact with Food Regulations 1998, shall be amended in relation to Wales so as to read “S.I. 1998/1376 as amended by S.I. 2000/3162 and S.I. 2002/2834.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(9)

Rhodri Morgan

The First Minister of the National Assembly

7th November 2002