The Plastic Materials and Articles in Contact with Food (Wales) Regulations 2009

Transitional defence relating to PVC gaskets containing epoxidised soybean oil

21.—(1) In any proceedings for an offence under regulation 3 concerning the sale of a glass jar —

(a) which contains

(i) infant formulae or follow-on formulae as defined by Commission Directive 2006/141/EC(1), or

(ii) processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive2006/125/EC(2), and

(b) the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No. 88640 in Section A of Annex III,

it is a defence to prove the matters set out in paragraph (2).

(2) The matters to be proved are that —

(a) the PVC gasket mentioned in paragraph (1)(b) was compliant with the relevant restrictions and specifications in column 4 at Item 259A of Part 1 of Schedule 2 to the Plastic Materials and Articles in Contact with Food Regulations 1998(3);

(b) the glass jar was filled and sealed before 19th November 2006;

(c) the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and

(d) the labelling or marking with the particulars mentioned in sub-paragraph (c) at the time of sale complied with the requirements relating to durability in Article 2(1)(a) of Directive 2000/13/EC of the European Parliament and of the Council(4).

(3) A person may not without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(c).

(1)

OJ No. L401, 30.12.2006, p.1.

(2)

OJ No. L339, 6.12.2006, p.16.

(3)

S.I. 1998/1376, Item 259A was inserted into the 1998 Regulations by the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2001, S.I. 2001/1263 (W.70).

(4)

OJ No. L109, 6.5.2000, p.29, as last amended by Directive 2003/89/EC (OJ No. L308, 25.11.2003, p.15).