Rheoliadau Deunyddiau ac Eitemau Plastig mewn Cysylltiad â Bwyd (Diwygio) (Cymru) 2002

Diwygiadau i Reoliadau Deunyddiau ac Eitemau Plastig mewn Cysylltiad â Bwyd 1998

12.   Yn rheoliad 10 (tramgwyddau)—

(a) ym mharagraff (1), yn lle'r ymadrodd “regulation 3, 4(1), 5(1) or 8” rhodder yr ymadrodd “3, 4(1), 4A(1), (2) or (3), 5(1), 8 or 8A(1), (2) or (3)”;

(b) ym mharagraffau (9) a (10), yn union ar ôl y geiriau “plastic material or article” mewnosoder y geiriau “or, as the case may be, adhesive or material or article covered by a surface coating,”; ac

(c) yn union ar ôl paragraff (15) ychwaneger y paragraffau canlynol—

“(16) Subject to paragraph (18) of this regulation, in any proceedings for an offence under these Regulations, it shall be a defence to prove that—

(a) the act constituting the offence was committed in relation to a plastic material or article which was put into circulation in the European Community before 30th November 2002; and

(b) the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (17) below had not been in force at the time that matter occurred.

(17) The provisions referred to in paragraph (16) of this regulation are regulations 5(d), 6(b), 8(a), (b) and (d), 10, 12(a) and 15 to 17 of the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002 which implement or provide for the enforcement of the requirements of Commission Directive 2001/62 to which Article 2 of that Directive applies.

(18) For the purposes of paragraph (16) of this regulation, “free circulation” shall have the same meaning as in Article 2 of Commission Directive 2001/62.

(19) In any proceedings for an offence under these Regulations, it shall be a defence to prove that—

(a) the act constituting the offence consisted was the sale of an adhesive or a material or article covered by a surface coating—

(i) which was brought into contact with food before 28th February 2003,

(ii) on which (in the case of a material or article covered by a surface coating) the date of filling appeared at the time of sale; and

(iii) the labelling or marking of which at the time of sale (in the case of a material or article covered by a surface coating) complied with the requirement as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(1);

(b) the sale would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (20) below had not been in force at the time of sale.

(20) The provisions referred to in paragraph (18) above are regulations 5(b) and (f), 8A and 12(a) of those provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002”.

(1)

OJ Rhif L109, 6.5.2000, t.29.