The Materials and Articles in Contact with Food (England) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations revoke the Materials and Articles in Contact with Food (England) Regulations S.I. 2005/898) (“the 2005 Regulations”) and re-enact or re–enact with amendments provisions contained in those Regulations. These Regulations provide for the enforcement of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ No. L338, 13.11.2004, p.4) (“Regulation 1935/2004”).

2.  The Regulations also provide for the enforcement of Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food (OJ No. L384, 29.12.2006, p.75 (“Regulation 2023/2006”), and implement Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (OJ No. L172, 30.6.2007, p.71) (“Directive 2007/42”). This Directive repealed and consolidated Commission Directive 93/10/EEC (OJ No. L93, 17.4.1993, p.27) as last amended by Commission Directive 2004/14/EC (OJ No. L27, 30.1.2004, p.48).

3.  These Regulations provide that references to a certain EC instrument or specified parts of certain EC instruments are to be construed as references to the instrument or specified part of it as it may be amended from time to time (regulation 2(4)).

4.  These Regulations do not apply to materials or articles outside the scope of Regulation 1935/2004 (regulation 3). The materials identified in that Regulation as being outside its scope are materials and articles supplied as antiques, covering or coating materials forming part of the food and which may be consumed with it, and fixed public or private water supply equipment.

5.  Part 2 of these Regulations contains provisions which make it an offence to contravene certain requirements of Regulation 1935/2004, (regulation 4), and of Regulation 2023/2006 (regulation 5). Regulation 1935/2004 is the principal framework Regulation on materials and articles in contact with food.. This Part also provides for designation of the competent authorities for the various purposes identified in Regulations 1935/2004 and 2023/2006 (regulations 6 and 7).

6.  Part 3 contains regulations which re-enact, without substantive amendments, the provisions of the 2005 Regulations relating to vinyl chloride (regulations 8 and 9).

7.  Part 4 contains regulations which re-enact provisions of the 2005 Regulations relating to regenerated cellulose film (“RCF”), with minor amendments to implement Directive 2007/42 (regulations 10 &11).

8.  In particular regulation 10 of these Regulations —

(a) controls what substances may be used in the manufacture of RCF, which may vary according to whether or not it is coated with plastics (paragraph (3));

(b) regulates what substances may be used to manufacture plastic coatings for RCF, and under what conditions (paragraph (4));

(c) creates a conditional derogation from paragraph (3) in respect of substances used as colourants or adhesives in the manufacture of non-plastic coated RCF (paragraph (5));

(d) creates offences in relation to the sale, import or business use of non-compliant RCF (paragraphs (6) & (7)); and

(e) creates a conditional requirement for RCF, when marketed prior to the retail stage, to be accompanied by a declaration of legislative compliance (paragraph (8)).

9.  Regulation 11 applies to plastic coated RCF the existing controls (derived from Commission Directive 2002/72/EC) on migration of constituents of plastic materials and articles into food, in particular by —

(a) specifying overall migration limits for plastic coated RCF (paragraphs (1) & (2));

(b) applying to plastic coated RCF the specific migration limits applicable to certain substances used in the manufacture of plastic materials and articles (paragraphs (3) & (4)); and

(c) applying the prescribed methods and procedures for checking compliance with migration limits (paragraphs (5) & (6)).

10.  Regulation 12 contains savings and transitional provisions which —

(a) preserve the defences available under the 1987 Regulations for any RCF manufactured before 29^th April 1994 that may still be in circulation; and

(b) create a defence in relation to RCF manufactured in or imported into the European Community before 29^th January 2006.

11.  Part 5 of these Regulations contains general administrative and enforcement provisions which —

(a) penalise contravention of these Regulations or obstruction of those enforcing them (regulation 13);

(b) designate enforcement authorities for various functions under the Regulations (regulation 14);

(c) provide that individuals responsible for the actions of a corporate body or a Scottish partnership may be co-prosecuted for offences committed by that body or partnership (regulation 15);

(d) provide for the prosecution of a person who causes the commission of an offence by another person, whether or not proceedings are taken against the original offender (regulation 16);

(e) specify a time limit for commencing a prosecution (regulation 17);

(f) provide for a defence of due diligence to an offence under these Regulations (regulation 18);

(g) specify the procedure to be followed when sending a sample for analysis (regulation 19);

(h) make provision for a reference sample to be analysed by the Laboratory of the Government Chemist (regulation 20); and

(i) apply certain provisions of the Food Safety Act 1990 (regulation 21).

12.  In Part 5 these Regulations also —

(a) amend Schedule 3 to the Ceramic Articles in Contact with Food (England) Regulations 2006 (S.I. 2006/1179) (regulation 22);

(b) make consequential amendments to the Plastic Materials and Articles in Contact with Food (England) (No.2) Regulations 2006 (S.I. 2006/2687) and the Food Safety (Sampling and Qualifications) Regulations 1990 (S.I. 1990/2463) (regulations 23 & 24); and

(c) revoke the Materials and Articles in Contact with Food (England) Regulations 2005 and subsequent amending legislation (regulation 25).

13.  A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Chemical Safety Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.