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

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

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(1);

“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(2);”,

(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 (3);”,

(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.”.

(1)

OJ No. L221, 17.8.2001, p.18.

(2)

OJ No. L215, 9.8.2001, p.26.

(3)

OJ No. L220, 15.8.2002, p.18.