Search Legislation

The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 and shall come into force on 28th February 2003.

(2) These Regulations shall extend to Scotland only.

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

2.  The Plastic Materials and Articles in Contact with Food Regulations 1998(1) (“the principal Regulations”) shall be amended in accordance with regulations 3 to 6.

3.—(1) In regulation 10 (offences), after paragraph (20) there shall be inserted–

(21) 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 intended to come into contact with food which was manufactured in or imported into the European Community before 1st March 2004, and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions specified in paragraph (22) had not been in force at the time that matter occurred; or

(b)the act constituting the offence was committed in relation to a plastic material or article intended to come into contact with food which was manufactured in or imported into the European Community before 1st March 2003, and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 4(a)(i) and (b) (in so far as they relate to the monomer divinylbenzene) and regulation 6 of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 had not been in force at the time that matter occurred.

(22) The provisions referred to in paragraph (21)(a) are all the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003, except in so far as they relate to the monomer divinylbenzene..

4.  In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary)–

(a)in Section A of Part I–

(i)in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number and letter, PM/REF No. , CAS No. , name and restriction or specification (if any) specified for that monomer in Part I of Schedule 1 to these Regulations shall be inserted in the appropriate numerical position for that item number and letter;

(ii)in the case of each monomer listed in the third column of Part II of Schedule 1 to these Regulations, for the item number and letter for that monomer specified opposite to it in the first column of section A of Part I of Schedule 1 to the principal Regulations (item) there shall be substituted the item number and letter for it specified in the second column (new item) of Part II of Schedule 1 to these Regulations;

(iii)in the case of the monomer Bis (4-isocyanatocyclohexyl) methane (item 43), for the entry for that monomer specified in column 1 (PM/REF/No. ) there shall be substituted the entry “13560”; and

(iv)in the case of each monomer listed in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 of section A of Part I of Schedule 1 to the principal Regulations (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of Part III of Schedule 1 to these Regulations;

(b)in Section B of Part I, all the entries for the monomers listed in Part IV of Schedule 1 to these Regulations shall be omitted; and

(c)in Part II, there shall be inserted at the end of paragraph 4–

(22) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.

(23) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.

(24) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.

(25) QM(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the substances having PM/REF/Nos. 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270..

5.  In Schedule 2 (additives and supplementary)–

(a)in Part I–

(i)in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number and letter, PM/REF No. , CAS No. , name and restriction or specification specified for that additive in Part I of Schedule 2 to these Regulations shall be inserted in the appropriate numerical position for that item number and letter;

(ii)in the case of the entry at item number 38B for the additive Bis (polyethyleneglycol) hydroxymethylphosphonate, there shall be inserted in column 2 of that Part (CAS No. ) the entry “68951 – 50 – 8”; and

(iii)in the case of the additive listed of Part II of Schedule 2 to these Regulations, for the entry for that additive in Part I of Schedule 2 to the principal Regulations there shall be substituted the entry for it specified in Part II of Schedule 2 to these Regulations;

(b)in Part II–

(i)in the case of each additive listed in Part III of Schedule 2 to these Regulations, the item number and letter, PM/REF/No. , CAS No. , name and restriction or specification (if any) specified for that additive in Part III of Schedule 2 to these Regulations shall be inserted in the appropriate numerical position for that item number and letter; and

(ii)in the case of each additive listed in the first column of Part IV of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 of Part II of Schedule 2 to the principal Regulations (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of Part IV of Schedule 2 to these Regulations; and

(c)in Part III–

(i)in note (11) of paragraph 4, after “36800” there shall be inserted “, 36840”; and

(ii)at the end of paragraph 4, there shall be inserted–

(22) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.

(23) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.

(24) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570..

6.  In Schedule 2B (specifications), in the case of the substance specified in Schedule 3 to these Regulations, the item number and letter, PM/REF No. and specification set out for that substance shall be inserted in the appropriate numerical position for that item number and letter.

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

9th January 2003

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources