PART 2 Requirements for Materials and Articles

5 Restriction on the use of additives in the manufacture of plastic materials and articles
1 Subject to paragraph (3) no person may use in the manufacture of any plastic material or article any prohibited additive.
2 A prohibited additive is —
(a) any additive identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Section A or B of Annex III which —
(i) is not of good technical quality, or
(ii) is not used in accordance with any restrictions and specifications for that additive set out in the corresponding entry in column 4 of Section A or B of that Annex; or
(b) any food additive authorised by Directive 89/107 or any flavouring authorised by Directive 88/388 that migrates into food —
(i) in a quantity that has a technological function in the final food product, or
(ii) where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Directive 89/107 or Directive 88/388 as appropriate, or in Annex III, whichever is the lower.
3 In any proceedings for an offence under these Regulations where it is alleged that the commission of the offence is due to the manufacture of a plastic material or article with any additive identified in Section A or B of Annex III which is not of good technical quality, it shall be a defence for the person accused to prove that each such additive is present in the finished plastic material or article as an impurity, a reaction intermediate or a decomposition product.
4 Schedule 1 has effect to supplement this regulation.