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The Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2004
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- 2004 No. 3113
- Regulation 6
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Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998
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6. In regulation 10 (offences) —
(a)for paragraph (19) there shall be substituted the following provision —
“(19) In any proceedings for an offence under regulation 3(1)(a) or (b) in relation to the requisite standards applicable to adhesives and materials and articles covered by a surface coating it shall be a defence to prove that —
(a)the adhesive, material or article was brought into contact with food on or before 28th February 2003;
(b)the date of filling (or subject to paragraph (24) of this regulation a coded indication of the date of filling) of the material or article concerned appeared on the adhesive, material or article at the time of sale; and
(c)the labelling or marking with the particulars mentioned in subparagraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council.”(1);
(b)paragraph (20) shall be omitted;
(c)immediately after paragraph (22) there shall be added —
“(23) In any proceedings for an offence under regulation 3(1)(a) or (b) in relation to the sale as from 2nd August 2005 of a plastic material or article containing azodicarbonamide with reference number 36640 in Part I of Schedule 2 it shall be a defence to prove that —
(a)the plastic material or article was brought into contact with food before 2nd August 2005;
(b)the date of filling (or subject to paragraph (24) of this regulation a coded indication of the date of filling) of the plastic material or article concerned appeared on the plastic material or article at the time of sale; and
(c)the labelling or marking with the particulars mentioned in subparagraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council.
(24) For the purposes of paragraph (19)(b) and paragraph (23)(b) of this regulation the date signified by a coded indication shall have been made available on request to the Food Standards Agency and the enforcement authority.”.
(1)
OJ No. L109, 6.5.2000, p.29.
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