(This note is not part of the Regulations.)

1

These Regulations, further amend the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 1998 (S.R. 1998 No. 264, “the 1998 Regulations”). These Regulations implement Commission Directive 2004/13/EC amending Commission Directive 2002/16/EC relating to the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (OJNo. L51, 22.2.2002, p. 27) and also implement Commission Directive 2004/1/EC amending Commission Directive 2002/72/EC in relation to the use of azodicarbonamide as a blowing agent (O.J. No. L220, 15.8.2002, p. 18).

2

The Regulations amend the 1998 Regulations by –

a

extending by a year the provisional authorisation of 2,2-bis(hydroxyphenyl)propane bis(2,3-epoxypropyl)ether (“BADGE”) (regulation 4);

b

prohibiting the use of the blowing agent azodicarbonamide as from 2nd August 2005 (regulation 5);

c

amending the defence available under regulation 10, paragraph (19) and (20) of the 1998 Regulations by the addition of a provision which allows for a date code as an alternative to the date of filling itself appearing on materials and articles covered by a surface coating, the defence being conditional on the meaning of the code having been disclosed on request to the Food Standards Agency and the enforcement authority (regulation 6(a) and (b));

d

creating a defence relating to azodicarbonamide used in plastic materials or articles brought into contact with food before 2nd August 2005 similar to that which applies to materials and articles covered by a surface coating (regulation 6(c));