The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009

Restriction on the use, sale or import of plastic materials and articles

3.—(1) No person may–

(a) use for the handling of food in the course of a business; or

(b) for the purpose of the handling of food–

(i) sell; or

(ii) import from anywhere other than an EEA State,

a plastic material or article which fails to meet the required standard.

(2) For the purposes of this regulation a plastic material or article fails to meet the required standard if it–

(a) has been manufactured–

(i) with a monomer which is not a permitted monomer as described in regulation 4(2); or

(ii) with an additive which is not a permitted additive as described in regulation 5(2); or

(b) it does not meet the required standards set out in regulation 6, 7, 8, 9, 10 or 11,

but a plastic material or article meets the required standard if it meets the applicable conditions set out in Schedule 5 (transitional arrangements).

(3) Regulation 5 does not prohibit the use of a plastic material or article where–

(a) that material or article consists of plastic layers or coatings to which the derogation in Article 4c of the Directive applies;

(b) any additive used in its manufacture is a polymerisation production aid to which the derogation in Article 4d of the Directive applies; or

(c) before 1st January 2010, any additive used in its manufacture is permitted under and used in accordance with the national law of the Member State where the plastic material or article was manufactured.