The Materials and Articles in Contact with Food (Wales) Regulations 2012

Regulation 14(1)

[F1 Schedule 1] E+W Specified provisions of Regulation 10/2011

Textual Amendments

F1 Sch. 1: Sch. renumbered as Sch. 1 (14.9.2017) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), regs. 1(3), 14(a)

Specified provision	Subject matter
Article 4(e), as read with Articles 17 and 18	Prohibition on placing on the market plastic materials or articles if they do not meet specified compositional and declaration requirements
Article 5(1) and Annex I, as read with Article 6	Requirement, subject to certain derogations, to use only authorised substances in the manufacture of plastic layers in plastic materials and articles
Article 8, first sentence	General quality and purity standards that must be observed for substances used in the manufacture of plastic layers in plastic materials and articles
Article 9 as read with Annex I	Particular restrictions and specifications for substances used in the manufacture of plastic layers in plastic materials and articles
Article 10 as read with Annex II	General restrictions on plastic materials and articles
[F2 Article 11(1) and Annex I, as read with Article 11(3) and (4)]	Specific limits on the degree to which constituents of plastic materials and articles are permitted to migrate into foods
Article 12	Overall limits on the permitted level of migration of the constituents of plastic materials and articles into food simulants
Article 13(1), (3), (4) and (5) and Annex I as read with Article 13(2)	Particular restrictions and specifications for the composition of each plastic layer in plastic multi-layer materials and articles
Article 14(1) and (5) and Annex 1, as read with Article 14(2), (3) and (4)	Particular restrictions and specifications for the composition of each plastic layer in multi-material multi-layer materials and articles
F3 . . .	F3 . . .

Textual Amendments

F2 Words in Sch. 1 substituted (14.9.2017) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), regs. 1(3), 14(b)

F3 Words in Sch. 1 omitted (14.9.2017) by virtue of The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), regs. 1(3), 14(c)

Regulation 27

[F4 SCHEDULE 2 E+W

Textual Amendments

F4 Sch. 2 inserted (14.9.2017) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), reg. 1(3), Sch.

PART 1 E+W Modification of section 10(1)

1.   For section 10(1) of the Act (improvement notices) substitute— E+W

“(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with any provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a) state the authorised officer’s grounds for believing that the person is failing to comply with the relevant provision;

(b) specify the matters which constitute the person’s failure to so comply;

(c) specify the measures which, in the authorised officer’s opinion, the person must take in order to secure compliance; and

(d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

(1A) The provisions referred to in subsection (1) are—

(a) regulations [F5 10A(1), 10A(3)] and 12(6) of the Materials and Articles in Contact with Food (Wales) Regulations 2012;

(b) Article 16 of Regulation 1935/2004;

(c) Article 5 of Regulation 1895/2005;

(d) Articles 12 and 13 of Regulation 450/2009; F6 ...

(e) the second sentence of Article 8, Article 15 as read with Annex IV, and Article 16 of Regulation 10/2011 [F7 ; and]

[F8 (f) Article 4 of Regulation 2018/213.”]

Textual Amendments

F5 Words in Sch. 2 para. 1 substituted (31.12.2020) by S.I. 2019/425, reg. 3(6B) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(c))

F6 Word in Sch. 2 Pt. 1, omitted (6.9.2018) by virtue of The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(a)

F7 Word in Sch. 2 Pt. 1, substituted (6.9.2018) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(b)

F8 Words in Sch. 2 Pt. 1, inserted (6.9.2018) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(c)

PART 2 E+W Application and modification of other provisions of the Act

Column 1 Provision of the Act	Column 2 Modification
Section 2 (extended meaning of “sale” etc.)	For “this Act” (in each place it occurs) substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 3 (presumptions that food intended for human consumption)	In subsection (1), for “this Act” substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012, Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 and Regulation 10/2011”.
Section 20 (offences due to fault of another person)	For “any of the preceding provisions of this Part” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 21(1) and (5) (defence of due diligence)	In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 30(6) and (8) (which relates to evidence of certificates given by a food analyst or examiner)	In subsection (8), for “this Act” substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 32 (powers of entry)	For “this Act” (in each place it occurs) substitute “the Materials and Articles in Contact with Food (Wales) Regulations 2012, Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 and Regulation 10/2011”.
Section 33 (obstruction etc. of officers)	In subsection (1), for “this Act” (in each place it occurs) substitute “section 10(1) of this Act as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 35(1) and (2) (punishment of offences)	In subsection (1), after “section 33(1) above” insert “, as applied and modified by regulation 27 of, and Part 2 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012,”. After subsection (1) insert— “(1A) A person guilty of an offence under section 10(2), as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012 shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.” In subsection (2), in the opening words, for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 27 of, and Part 2 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012,”.
Section 36 (offences by bodies corporate)	In subsection (1), for “this Act” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 36A (offences by Scottish partnerships)	For “this Act” substitute “section 10(2) as applied by regulation 27 of the Materials and Articles in Contact with Food (Wales) Regulations 2012”.
Section 37(1) and (6) (appeals to a magistrates’ court)	For subsection (1) substitute— “Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under section 10(1), as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012, may appeal to a magistrates’ court.” In subsection (6)— for “(3) or (4)” substitute “(1)”; and in paragraph (a), omit “or to the sheriff”.
Section 39 (appeals against improvement notices)	For subsection (1) substitute— “(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 27 of, and Part 1 of Schedule 2 to, the Materials and Articles in Contact with Food (Wales) Regulations 2012, the magistrates’ court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the magistrates’ court may in the circumstances think fit.” In subsection (3), omit “for want of prosecution.”.]

Regulation 10

[F9 SCHEDULE 3 E+W BASIC RULES FOR DETERMINING THE MIGRATION OF LEAD AND CADMIUM

Textual Amendments

F9 Schs. 3-5 inserted (31.12.2020) by The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/425), reg. 1(3), Sch.; 2020 c. 1, Sch. 5 para. 1(1)

1.   Test liquid 4 % (v/v) acetic acid, in a freshly prepared aqueous solution. E+W

2.   Test conditions E+W

(a) Carry out the test at a temperature of 22 ± 2 °C for a duration of 24 ± 0,5 hours.

(b) When the migration of lead is to be determined, cover the sample by an appropriate means of protection and expose it to the usual lighting conditions in a laboratory. When the migration of cadmium or of lead and cadmium is to be determined, cover the sample so as to ensure that the surface to be tested is kept in total darkness.

3.   Filling E+W

(a) Samples which can be filled—

Fill the article with a 4 % (v/v) acetic acid solution to a level no more than 1 mm from the overflow point; the distance is measured from the upper rim of the sample. Samples with a flat or slightly sloping rim should be filled so that the distance between the surface of the liquid and the overflow point is no more than 6 mm measured along the sloping rim.

(b) Samples which cannot be filled—

The surface of the sample which is not intended to come into contact with foodstuffs is first covered with a suitable protective layer able to resist the action of the 4 % (v/v) acetic acid solution. The sample is then immersed in a recipient containing a known volume of acetic acid solution in such a way that the surface intended to come into contact with foodstuffs is completely covered by the test liquid.

4.   Determination of the surface area The surface area of the articles in Category 1 is equal to the surface area of the meniscus formed by the free liquid surface obtained by complying with the filling requirements set out in paragraph 3.] E+W

Regulation 10

[F9 SCHEDULE 4 E+W METHODS OF ANALYSIS FOR DETERMINATION OF THE MIGRATION OF LEAD AND CADMIUM

1.   Object and field of application E+W

The method allows the specific migration of lead and/or cadmium to be determined.

2.   Principle E+W

The determination of the specific migration of lead and/or cadmium is carried out by an instrumental method of analysis that fulfils the performance criteria of paragraph 4.

3.   Reagents E+W

All reagents must be of analytical quality, unless otherwise specified.

Where reference is made to water, it means distilled water or water of equivalent quality.

(a) 4 % (v/v) acetic acid, in aqueous solution

Add 40 ml of glacial acetic acid to water and make up to 1 000 ml.

(b) Stock solutions

Prepare stock solutions containing 1 000 mg/litre of lead and at least 500 mg/litre of cadmium respectively in a 4 % acetic acid solution, as referred to in sub-paragraph (a).

4.   Performance criteria of the instrumental method of analysis E+W

(a) The detection limit for lead and cadmium must be equal to or lower than— 0,1 mg/litre for lead, 0,01 mg/litre for cadmium.

The detection limit is defined as the concentration of the element in the 4 % acetic acid solution, as referred to in paragraph 3(a), which gives a signal equal to twice the background noise of the instrument.

(b) The limit of quantification for lead and cadmium must be equal to or lower than— 0,2 mg/litre for lead, 0,02 mg/litre for cadmium.

(c) Recovery. The recovery of lead and cadmium added to the 4 % acetic acid solution, as referred to in paragraph 3(a), must lie within 80-120 % of the added amount.

(d) Specificity. The instrumental method of analysis used must be free from matrix and spectral interferences.

5.   Method E+W

(a) Preparation of the sample

The sample must be clean and free from grease or other matter likely to affect the test.

Wash the sample in a solution containing a household liquid detergent at a temperature of approximately 40 °C. Rinse the sample first in tap water and then in distilled water or water of equivalent quality. Drain and dry the sample so as to avoid any stain. The surface to be tested is not to be handled after it has been cleaned.

(b) Determination of lead and/or cadmium

The sample thus prepared is tested under the conditions laid down in Schedule 3.

Before taking the test solution for determining lead and/or cadmium, homogenise the content of the sample by an appropriate method, which avoids any loss of solution or abrasion of the surface being tested.

• Carry out a blank test on the reagent used for each series of determinations.

• Carry out determinations for lead and/or cadmium under appropriate conditions.]

Regulation 10A

[F9 SCHEDULE 5 E+W DECLARATION OF COMPLIANCE

1.   The written declaration referred to in regulation 10A must contain the following information— E+W

(a) the identity and address of the company which manufactures the finished ceramic article and of the importer who imports it into [F10 Great Britain];

(b) the identity of the ceramic article;

(c) the date of the declaration;

(d) the confirmation that the ceramic article meets relevant requirements in these Regulations and Regulation 1935/2004.

Textual Amendments

F10 Words in Sch. 5 para. 1(a) substituted in earlier amending provision S.I. 2019/425, reg. 3(7), Sch. (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(5)

2.   The written declaration must permit an easy identification of the goods for which it is issued and must be renewed when substantial changes in the production bring about changes in the migration of lead or cadmium or both.] E+W