The Plastic Materials and Articles in Contact with Food (Scotland) (No. 2) Regulations 2006

Special provisions relating to overall migration

7.—(1) Where a plastic material or article is intended to come into repeated contact with food and it is technically impossible to carry out the test described in paragraph 5, the test shall be modified in accordance with sub-paragraph (2) or in such other way as to enable the level of migration occurring during the third such test to be determined and such a determination may be used as evidence of overall migration in relation to a plastic material or article.

(2) From three identical samples of the plastic material or article–

(a) the first sample is to be subjected to the appropriate test in accordance with paragraph 4 and the overall migration determined (M₁);

(b) the second and third samples are to be subjected to the same conditions of temperature as the first but the period of contact is to be between two and three times that specified and overall migration had been determined in each case (M₂ and M₃ respectively).

(3) Where a modified test has been carried out in accordance with sub-paragraph (2), provided that either M₁ or M₃ – M₂ did not exceed that overall migration limit, the plastic material or article subjected to the test shall be deemed to be in compliance with that limit.