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Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2002

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Amendments to the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998

12.  In regulation 10 (offences) –

(a)in paragraph (1), for “regulation 3, 4(1), 5(1) or 8” there shall be substituted “regulation 3, 4(1), 4A(1), (2) or (3), 5(1), 8(1) or 8A(1), (2) or (3)”;

(b)in each of paragraphs (7) and (8), immediately after “plastic material or article”, wherever it occurs, there shall be inserted “or, as the case may be, adhesive or material or article covered by a surface coating”; and

(c)immediately after paragraph (13) there shall be added the following paragraphs –

(14) Subject to paragraph (16), in any proceedings for an offence under these Regulations it shall be a defence to prove that –

(a)the act constituting the offence was committed in relation to a plastic material or article which was put into free circulation in the European Community before 30th November 2002; and

(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (15) had not been in operation at the time that matter occurred.

(15) The provisions referred to in paragraph (14) are regulations 5(d), 6(b), 8(a), (b) and (d), 10, 12(a) and 15 to 17 of the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2002, to the extent that they implement those requirements of Commission Directive 2001/62 to which Article 2 of that Directive applies.

(16) For the purposes of paragraph (14), “free circulation” shall have the same meaning as in Article 2 of Commission Directive 2001/62.

(17) In any proceedings for an offence under these Regulations it shall be a defence to prove that –

(a)the act constituting the offence was the sale of an adhesive or a material or article covered by a surface coating –

(i)which was brought into contact with food before 28th February 2003,

(ii)on which (in the case of a material or article covered by a surface coating) the date of filling of the material or article concerned appeared at the time of the sale, and

(iii)the labelling or marking of which at the time of sale (in the case of a material or article covered by a surface coating) complied with the requirement as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(1); and

(b)the sale would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (18) had not been in operation at the time of sale.

(18) The provisions referred to in paragraph (17) are regulations 5(b) and (f), 11 and 12(a) of the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2002..

(1)

O.J. No. L109, 6.5.2000, p. 29

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