The Materials and Articles in Contact with Food (Wales) Regulations 2010

PART 1 Preliminary

Title, commencement and application

1.—(1) The title of these Regulations is the Materials and Articles in Contact with Food (Wales) Regulations 2010, and they come into force on 20 October 2010.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

“the 2009 Regulations” (“Rheoliadau 2009”) means the Plastic Materials and Articles in Contact with Food (Wales) Regulations 2009(1);

“Directive 2002/72/EC” (“Cyfarwyddeb 2002/72/EC”) means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs(2);

“Directive 2007/42/EC” (“Cyfarwyddeb 2007/42/EC”) means Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs(3);

“Regulation 1935/2004” (“Rheoliad 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(4);

“Regulation 2023/2006” (“Rheoliad 2023/2006”) means Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food(5);

“Regulation 450/2009” (“Rheoliad 450/2009”) means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food(6);

“authorised officer” (“swyddog awdurdodedig”) means any person, whether or not an officer of the authority having responsibility for execution and enforcement under regulation 14, who is authorised by that authority in writing to act in matters arising under these Regulations;

“food authority” (“awdurdod bwyd”) has the same meaning as in section 5(1A) of the Act but does not include a port health authority;

“import” (“mewnforio”) means import in the course of a business from a place other than an EEA State;

“plastics” (“plastigion”) means those materials and articles to which Directive 2002/72/EC applies;

“port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984(7), a port health authority for that district constituted by order under section 2(4) of that Act;

“preparation” (“paratoad”) includes manufacture and any form of treatment or process, and “prepare” (“paratoi”) is to be construed accordingly;

“regenerated cellulose film” (“caen cellwlos atgynyrchiedig”) means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose; and

“sell” (“gwerthu”) includes offer or expose for sale or have in possession for sale, and “sale” (“gwerthiant”) is to be construed accordingly.

(2) Expressions used in these Regulations and in Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 bear the same meaning in these Regulations as they bear in those Regulations.

(3) Any reference to Regulation 2023/2006 or to an Annex to Directive 2002/72/EC or Directive 2007/42/EC is a reference to that Regulation or that Annex as amended from time to time.

Scope

3.  The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3) of Regulation 1935/2004.

(1)

S.I. 2009/481 (W. 49).

(2)

OJ No. L220, 15.8.2002, p.18. This Directive was corrected by a corrigendum (OJ No. L39, 13.2.2003, p.1), and has been 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), 2007/19/EC (published in revised and corrected form in OJ No.L97, 12.4.2007, p.50), 2008/39/EC (OJ No L63, 7.3.2008, p.6) and Commission Regulation (EC) No. 975/2009 (OJ No. L274, 20.10.2009, p.3).

(3)

OJ No. L172, 30.6.2007, p.71. This Directive repealed and consolidated without further amendment Commission Directive 93/10/EEC as last amended by Commission Directive 2004/14/EC.

(4)

OJ No. L338, 13.11.2004, p.4, amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ No. L188, 18.7.2009, p.14).

(5)

OJ No. L384, 29.12.2006, p.75, amended by Commission Regulation (EC) No.282/2008 (OJ No. L86, 28.3.2008, p.9).

(6)

OJ No. L135, 30.5.2009, p.3.

(7)

1984 c. 22.