Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998

8.  In regulation 5 (restriction on manufacture with additives)–

(a) for paragraph (1) there shall be substituted–

“(1) Subject to the following paragraphs of this regulation, no person shall use in the manufacture of any plastic material or article any prohibited additive, that is to say–

(a) any additive identified by PM/REF No. , CAS No. (if any) and name in columns 1, 2 and 3 respectively of Part I of Schedule 2 or columns 1, 2 and 3 respectively of Part II of Schedule 2, which is not–

(i) of good technical quality; and

(ii) used in accordance with the restrictions and specifications (if any) for that additive set out in the corresponding entry in column 4 of Part I or Part II of Schedule 2, as appropriate;

(b) BADGE to the extent that it is used in such manufacture–

(i) on or after 1st January 2005; or

(ii) prior to that date in contravention of the restriction specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of Annex I to that Directive;

(c) BFDGE to the extent that they are used in such manufacture–

(i) on or after 1st January 2005; or

(ii) prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of Annex II to that Directive; or

(d) NOGE to the extent that they are used in such manufacture–

(i) on or after 1st January 2005; or

(ii) prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.”;

(b) in paragraph (2), after “Part I” there shall be inserted “or Part II”;

(c) for paragraph (3), there shall be substituted–

“(3) Part III of Schedule 2 shall have effect to supplement this regulation and Parts I and II of Schedule 2.”;

(d) in paragraph (4)–

(i) after “Schedule 2” there shall be inserted “, or column 4 of Part II of Schedule 2,”; and

(ii) in each of sub-paragraphs (a) and (b), for “therein” there shall be substituted “in column 4 of Part I or Part II of Schedule 2, as appropriate,”;

(e) after paragraph (4) there shall be inserted–

“(4A) No plastic material or article manufactured using BADGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4B) No plastic material or article manufactured using BFDGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4C) On or after 1st March 2003, no plastic material or article manufactured using NOGE as an additive shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.”; and

(f) in paragraph (5), after “Schedule 2” there shall be inserted “, or column 4 of Part II of Schedule 2,”.