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

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PART 7Requirements for certain epoxy derivatives

Restrictions on the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)

16.—(1) In this Part —

(a)any reference to a numbered Article or Annex is a reference to that Article or Annex in Regulation 1895/2005; and

(b)paragraphs (2) and (3) are subject to Article 1(3) (scope)(1).

(2) Subject to Article 6(1), (2) and (4) (transitional provisions)(2) a person must not place on the market or use, in the course of a business in connection with the storage, preparation, packaging, sale or service of food —

(a)any material or article in contravention of Article 3 (prohibition on use or presence of BFDGE) or Article 4 (prohibition on use or presence of NOGE); or

(b)any material or article that fails to comply with the restrictions contained in Article 2 (BADGE) as read with Annex I (specific migration limit for BADGE and certain of its derivatives).

(3) Subject to Article 6(3)(3), a person must not place on the market any material or article which fails to comply with the requirements of Article 5 (written declaration)(4).

(4) Any person who contravenes paragraph (2) or (3) is guilty of an offence.

Competent authorities for the purposes of Regulation 1895/2005

17.  The competent authority for the purpose of Article 6(4) is each district council in its district.

(1)

Article 3 contains an exception relating to certain containers and storage tanks and pipelines belonging to them

(2)

Article 6(1) (relevant date 1 March 2003) and (2) (relevant date 1 January 2005) provide for transitional arrangements for the application of Articles 2, 3 and 4 to specified materials and articles; Article 6(4) allows the marketing of specified materials and articles if certain labelling requirements are met

(3)

Article 6(3) provides for a transitional provision in relation to the application of Article 5 to specified materials and articles that were brought into contact with food before 1 January 2007

(4)

Article 5 requires materials and articles containing BADGE and its derivatives to be accompanied by specified written material when being marketed at the pre-retail stages

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