The Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to England only, further amend the Plastic Materials and Articles in Contact with Food Regulations 1998 (S.I. 1998/1376, “the 1998 Regulations”), which extend to the whole of Great Britain. These Regulations implement Commission Directive 2004/13/EC amending Commission Directive 2002/16/EC relating to the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (OJ No. L51, 22.2.2002, p.27) and also implement Commission Directive 2004/1/EC amending Commission Directive 2002/72/EC in relation to the use of azodicarbonamide as a blowing agent (OJ No. L220, 15.8.2002, p.18).

2.  The Regulations amend the 1998 Regulations by —

(a) extending by a year the provisional authorisation of 2,2–bis(hydroxyphenyl)propane bis(2,3–epoxypropyl)ether (“BADGE”) (regulation 4);

(b) prohibiting the use of the blowing agent azodicarbonamide as from 2nd August 2005 (regulation 5);

(c) amending the defence available under regulation 10 paragraphs (19) and (20) of the 1998 Regulations to allow for a date code as an alternative to the date of filling itself appearing on materials and articles covered by a surface coating, the defence being conditional on the meaning of the code having been disclosed on request to the Food Standards Agency and the enforcement authority (regulation 6(a)and (b));

(d) creating a defence relating to azodicarbonamide used in plastic materials or articles brought into contact with food before 2^nd August 2005 similar to that which applies to materials and articles covered by a surface coating (regulation 6(c)).

3.  A regulatory impact assessment has been prepared for these Regulations and has been placed in the Library of each House of Parliament, together with a transposition note setting out how the main elements of Commission Directive 2004/1 and 2004/13/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Chemical Safety Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.