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

Special provisions relating to overall migration

11.—(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 so 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 the overall migration in relation to a plastic material or article.

(2) Three identical samples of the plastic material or article are to be procured, following which–

(a) the first sample is to be subjected to the appropriate test according 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 two and three times respectively that specified and the overall migration determined in each case (M₂ and M₃).

(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 the overall migration limit, the plastic material or article subjected to the test shall be deemed to be in compliance with that limit.