The Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations further amend the Materials and Articles in Contact with Food (England) Regulations 2007 (S.I. 2007/2790 as previously amended by S.I. 2008/916 and S.I. 2009/205) (“the principal Regulations”) in order to provide for the execution and enforcement of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food (OJ No. L135, 30.5.2009, p.3) (“Regulation 450/2009”). The Regulations also amend the way import is defined in the principal Regulations.

2.  In detail, these Regulations amend the principal Regulations by —

(a) inserting a definition of Regulation 450/2009 (regulation 3(a)(i));

(b) amending the definition of “import” to refer to products which come from outside the European Economic Area (regulation 3(a)(ii));

(c) making it an offence to contravene specified requirements of Regulation 450/2009 (regulation 4), attaching penalties for such an offence (regulation 6), and providing for a defence in certain circumstances (regulation 8);

(d) specifying the competent authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 5);

(e) designating the enforcement authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 7); and

(f) providing that certain provisions of the Food Safety Act 1990 apply for the purposes of the enforcement of Regulation 450/2009 (regulation 9).

3.  A full impact assessment has not been produced for this instrument as no impact in the private or voluntary sectors is foreseen.