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

PART 5 General and Supplementary

Application of provisions of the Act

22.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —

(a) section 3 (presumption that food is intended for human consumption);

(b) section 30(8) (relating to documentary evidence);

(c) section 44 (protection of officers acting in good faith).

Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990

23.  In the Food Safety (Sampling and Qualifications) Regulations 1990(1), in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Plastic Materials and Articles in Contact with Food (England) Regulations 2006 substitute the title and reference of these Regulations.

Amendments to the Materials and Articles in Contact with Food (England) Regulations 2005

24.—(1) The 2005 Regulations are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) —

(a) after the definition of “Directive 93/10/EEC” insert the following definition —

““Directive 2002/72/EC” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs(2), as last amended by Commission Directive 2005/79/EC(3);”

(b) in the definition of “the 2006 Regulations” after “(England)” insert “(No.2)”.

(3) In regulation 8 —

(a) at the beginning of paragraph (2) add the expression “Except in paragraph (4),”;

(b) for paragraph (4) substitute the following paragraph —

“(4) No person may manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances except those listed in Annexes II, III or IV to Directive 2002/72/EC and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Annexes and in the 2006 Regulations.”.

(4) In regulation 9 —

(a) in paragraph (3), for the expression “in Part 1 of Schedule 1 to the 2006 Regulations” substitute “in Section A or B of Annex II to Directive 2002/72/EC”;

(b) in sub-paragraph (b) of paragraph (3), for the expression “that Part as read with Part 2 of that Schedule.” substitute “those Sections as read with the general introduction to that Annex.”;

(c) in paragraph (5), for the expression “Schedules 5 and 6” substitute “Schedules 2 and 3”.

Revocation

25.  The Plastic Materials and Articles in Contact with Food (England) Regulations 2006(4) are revoked.

(1)

S.I. 1990/2463

(2)

OJ No. L220, 15.8.2002, p.18. This Directive has been previously amended by Commission Directives 2004/1/EC (OJ No. L7, 13.1.2004, p.45) and 2004/19/EC (OJ No. L71, 10.3.2004, p.8).

(3)

OJ No. L302, 19.11.2005, p.35).

(4)

S.I. 2006/1401