The Materials and Articles in Contact with Food (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations revoke the Materials and Articles in Contact with Food Regulations 1987 (S.I. 1987/1523, as amended) (“the 1987 Regulations”) in so far as they apply in relation to Wales, and re-enact or re-enact with amendments certain provisions contained in those Regulations. These Regulations also provide for the enforcement of 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 (“Regulation 1935/2004”).

2.  These Regulations do not apply to materials or articles outside the scope of Regulation 1935/2004 (regulation 3). The materials identified in that Regulation as being outside its scope are materials and articles supplied as antiques, covering or coating materials forming part of the food and which may be consumed with it, and fixed public or private water supply equipment.

3.  Part 2 of these Regulations contains provision for the enforcement of Regulation 1935/2004, (regulation 4). Regulation 1935/2004 is a framework Regulation on materials and articles in contact with food, and replaces Directives 80/590/EEC and 89/109/EEC, which were implemented by the 1987 Regulations. This Part also provides for designation of the competent authorities for the various purposes identified in Regulation 1935/2004 (regulation 5).

4.  Part 3 contains regulations which re-enact, without substantive amendments, the provisions of the 1987 Regulations relating to vinyl chloride (regulations 6 & 7).

5.  Part 4 contains regulations that re-enact provisions of the 1987 Regulations relating to regenerated cellulose film (“RCF”), amended as necessary to implement the requirements of Commission Directive 2004/14/EC amending Directive 93/10/EC (regulations 8 & 9).

6.  In particular regulation 8 of these Regulations —

(a) controls what substances may be used in the manufacture of RCF, which may vary according to whether or not it is coated with plastics (paragraph (3));

(b) regulates what substances may be used to manufacture plastic coatings for RCF, and under what conditions (paragraph (4));

(c) creates a conditional derogation from paragraph (3) in respect of substances used as colourants or adhesives in the manufacture of non-plastic coated RCF (paragraph (5));

(d) creates offences in relation to the sale, import or business use of non-compliant RCF (paragraphs (6) & (7)); and

(e) creates a conditional requirement for RCF, when marketed prior to the retail stage, to be accompanied by a declaration of legislative compliance (paragraph (8)).

7.  Regulation 9 applies to plastic coated RCF the existing controls (derived from Commission Directive 2002/72 and implemented by the Plastic Materials and Articles in Contact with Food Regulations 1998, S.I. 1998/1376 as amended) on migration of constituents of plastic materials and articles into food, in particular by —

(a) specifying overall migration limits for plastic coated RCF (paragraphs (1) & (2));

(b) applying to plastic coated RCF the specific migration limits applicable to certain substances used in the manufacture of plastic materials and articles (paragraphs (3) & (4)); and

(c) applying the prescribed methods and procedures for checking compliance with migration limits (paragraphs (5) & (6)).

8.  Regulation 10 contains savings and transitional provisions which —

(a) preserve the defences available under the 1987 Regulations for any RCF manufactured before 29 April 1994 that may still be in circulation;

(b) create a defence in relation to RCF manufactured in or imported into the European Community before 29 January 2006;

(c) provide for a defence in relation to exports.

9.  Part 5 of these Regulations contains general administrative and enforcement provisions which —

(a) penalise contravention of these Regulations or of Regulation 1935/2004 (regulation 11);

(b) designate enforcement authorities (regulation 12);

(c) provide that the courts may direct that substances should be submitted to the Government Chemist for analysis (regulation 13);

(d) apply certain provisions of the Food Safety Act 1990 (regulation 14);

(e) make consequential amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998 (S.I. 1998/1376, as amended) (regulation 15);

(f) revoke the 1987 Regulations and subsequent amending legislation (regulation 16).

10.  A regulatory appraisal has been prepared for these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Commission Directive 2004/14/EC have been transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.