The Plastic Materials and Articles in Contact with Food (Wales) Regulations 2008

PART 1 E+W Preliminary

Title, application and commencement E+W

1.  The title of these Regulations is the Plastic Materials and Articles in Contact with Food (Wales) Regulations 2008, apply in relation to Wales and come into force —

(a) for the purposes of regulation 29(c) on 1 July 2008;

(b) for all other purposes on 1 May 2008.

Commencement Information

I1 Reg. 1 in force at 1.5.2008, see reg. 1(b)

Interpretation E+W

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 (Wales) 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” is 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.

Commencement Information

I2 Reg. 2 in force at 1.5.2008, see reg. 1(b)

(1)

S.I. 1998/1376, as amended in relation to Wales by S.I. 2001/1263 (W.70), S.I. 2002/2834 (W.272), S.I. 2003/302 (W.44), S.I. 2005/182 (W.15) and S.I. 2005/1649 (W.130). It was revoked by S.I. 2006/2982 (W.273).

(2)

S.I. 2007/3252 (W.287).

(3)

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).

(4)

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).

(5)

OJ No. L184, 15.7.1988, p.61.

(6)

OJ No. L40, 11.2.1989, p. 27.

(7)

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.

(8)

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.

(9)

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.

(10)

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).

(11)

OJ No. L338, 13.11.2004, p.4).

(12)

OJ No. L302, 19.11.2005, p.28.