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9.—(1) Subject to paragraph (5), a plastic material or article meets the required standard under this regulation if it is not capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit specified in paragraphs (2) to (4).
(2) Subject to paragraph (4), in the case of any plastic material or article comprising —
(a)an article which is a container or comparable to a container or can be filled, with a capacity of less than 500 millilitres or more than 10 litres; or
(b)sheet, film or any other material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of such material or article and the quantity of food in contact with it,
the appropriate limit is an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.
(3) In the case of any other plastic material or article, the appropriate limit is an overall migration limit of 60 milligrams of the constituents released per kilogramme of food or food stimulant.
(4) For plastic materials or articles intended to be brought into contact or already in contact with food intended for infants and young children, the appropriate limit is always that specified in paragraph (3).
(5) For the purposes of this regulation a plastic material or article is not deemed to fail to meet the required standard under paragraph (1) if the only food with which that material or article may come into contact is food —
(a)which is specified in the table to Part 4 of Schedule 3; and
(b)where there is no “X” placed anywhere in the group of columns headed “Simulants to be used” opposite that food.
(6) In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with this regulation, the defence available in paragraph 10(2) of Schedule 2 is available as specified in that paragraph.
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.
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