Search Legislation

The Plastic Materials and Articles in Contact with Food (England) Regulations 2008

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1

    1. 1.Title, application and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Restriction on the use, sale or import of plastic materials and articles

    2. 4.Restriction on the use of monomers in the manufacture of plastic materials and articles

    3. 5.Restriction on the use of additives in the manufacture of plastic materials and articles

    4. 6.Required standard for non-migration of constituents of monomers

    5. 7.Required standard for non-migration of constituents of additives

    6. 8.Required standard for products obtained by bacterial fermentation

    7. 9.Required standards relating to overall migration limits

    8. 10.Required standard for non-migration of primary aromatic amines

    9. 11.Required standard relating to plastic multi-layer materials and articles

    10. 12.Provisions relating to the use of certain epoxy derivatives (BADGE, BDGE and NOGE)

    11. 13.Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis

    12. 14.Labelling and documentation

  4. PART 3

    1. 15.Enforcement

    2. 16.Offences and Penalties

    3. 17.Offences by corporate bodies or Scottish partnerships

    4. 18.Time limit for prosecutions

    5. 19.Offences due to the act or default of a third party

    6. 20.Defence of exercising due diligence etc

    7. 21.Transitional defence relating to PVC gaskets containing epoxidised soybean oil

    8. 22.Other transitional defences and savings

    9. 23.Procedure where a sample is to be analysed

    10. 24.Secondary analysis by the Government Chemist

  5. PART 4

    1. 25.Applications for inclusion of an additive in the Community list of authorised additives

  6. PART 5

    1. 26.Application of provisions of the Act

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

    3. 28.Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

    4. 29.Revocations

  7. Signature

    1. SCHEDULE 1

      Supplementary provisions relating to Annexes II and III

      1. 1.In Sections A and B of Annexes II and III...

      2. 2.If a substance appearing in the Annexes as an individual...

      3. 3.(1) The items identified in Section A or B of...

      4. 4.In the case of substances listed in Section B of...

      5. 5.Where an entry in column 4 of the Annexes (restrictions...

    2. SCHEDULE 2

      Provisions Applicable when Testing Compliance with the Migration Limits

      1. 1.General Provisions

      2. 2.Where any migration test specified in this Schedule and, where...

      3. 3.(1) Subject to sub-paragraph (2), any testing of migration from...

      4. 4.(1) Any sample of plastic material or article shall be...

      5. 5.Where a plastic material or article is intended to come...

      6. 6.Special provisions relating to the fat reduction factor

      7. 7.(1) Correction by the FRF may not be used —...

      8. 8.If use of the FRF under paragraph 6 or 7(2)...

      9. 9.Special provisions relating to the correction of specific migration in simulant D

      10. 10.Special provisions relating to overall migration

      11. 11.(1) Where a plastic material or article is intended to...

      12. 12.(1) Any plastic material or article which exceeds its overall...

      13. 13.Special provisions relating to caps, lids, gaskets, stoppers and similar sealing articles

    3. SCHEDULE 3

      Overall and Specific Migration Testing Using Food Simulants

      1. PART 1 Basic Rules

        1. 1.Subject to paragraphs 2, 3 and 4 of this Part,...

        2. 2.Subject to paragraphs 3 and 4 of this Part, substitute...

        3. 3.Subject to paragraph 4 of this Part, alternative tests as...

        4. 4.In migration testing it is permissible to—

      2. PART 2 Food Simulants to be used in Migration Testing

        1. 1.Subject to Parts 3, 4, 5 and 7, the simulants...

        2. 2.For the purposes of this Schedule a reference to an...

        3. 3.The characteristics of rectified olive oil referred to in the...

        4. 4.The fatty food simulants referred to in the Table are...

        5. 5.Where a fatty food simulant specified in paragraph 4 is...

      3. PART 3 Selection of Food Simulants

        1. 1.Testing, reduction factors and definition of food types

        2. 2.(1) Where a test is carried out on a plastic...

        3. 3.Food types are defined in Table 1 below as follows...

        4. 4.Selection of simulants for testing materials and articles intended for contact with all food types

        5. 5.Selection of simulants for testing materials and articles which are already in contact with a known food

        6. 6.Selection of simulants for testing materials and articles which are accompanied by a specific indication

        7. 7.The simulant or simulants to be used in testing a...

        8. 8.A specific indication referred to in paragraph 7 is expressed...

      4. PART 4 Simulants to be used in relation to a Specific Food or Group of Foods

        1. 1.For the purposes of this Schedule a simulant is specified...

        2. 2.For the purposes of this Part —

        3. 3.Where a reduction factor is specified in the Table in...

        4. 4.(1) Where the letter “a” is shown in brackets after...

        5. 5.Where a food is listed in the Table under both...

      5. PART 5 Migration Test Conditions (Times and Temperatures)

        1. 1.General criteria

        2. 2.Where the plastic material or article being tested is intended...

        3. 3.For the purposes of this Part the worst foreseeable conditions...

        4. 4.Volatile migrants

        5. 5.Special cases

        6. 6.Where the carrying out of a migration test under contact...

        7. 7.Where, in actual use, the plastic material or article being...

        8. 8.The Table to this Part shall be read with the...

      6. PART 6 Substitute Fat Test for Overall and Specific Migration

        1. 1.Subject to paragraphs 2, 4 and 5, all the test...

        2. 2.Test conditions other than those specified in the Table to...

        3. 3.For each test— (a) a new test specimen shall be...

        4. 4.Where carrying out a migration test causes any physical or...

        5. 5.Any test conditions in the Table to this Part which...

        6. 6.The Table to this Part shall be read with the...

      7. PART 7 Alternative Fat Tests for Overall and Specific Migration

        1. 1.Subject to paragraph 2 of this Part the conditions which...

        2. 2.The condition in sub-paragraph (a) of paragraph 1 does not...

        3. 3.The migration tests referred to in paragraphs 2 and 3...

    4. SCHEDULE 4

      Information to be contained in a declaration of compliance

      1. 1.The name and address of the business operator which manufactures...

      2. 2.The identity of the materials, articles or substances intended for...

      3. 3.The date of the declaration.

      4. 4.Confirmation that the plastic materials or articles meet the relevant...

      5. 5.Adequate information relating to the substances used for which restrictions...

      6. 6.Adequate information relating to the substances which are subject to...

      7. 7.Specifications on the use of the plastic material or article,...

      8. 8.Confirmation, when a plastic functional barrier is used in a...

  8. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources