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The Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2002

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Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998

8.  In regulation 5 (restriction on manufacture with additives)—

(a)for the heading and paragraph (1) there shall be substituted the following provisions—

Restriction on manufacture of plastic materials and articles with additives

(1) Subject to the following paragraphs of this regulation, no person shall use in the manufacture of plastic material or article any prohibited additive, that is to say—

(a)any additive identified by PM/REF No. , CAS No. (if any) and name in columns 1, 2 and 3 respectively of Part I of Schedule 2 or columns 1, 2 and 3 respectively of Part II of that Schedule, which is not—

(i)of good technical quality, and

(ii)used in accordance with the restrictions and specifications (if any) for that additive set out in the corresponding entry in column 4 of Part I or Part II, as appropriate;

(b)BADGE to the extent that it is used in such manufacture—

(i)on or after 1st January 2005, or

(ii)prior to that date in contravention of the restriction specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex;

(c)BFDGE which is used in such manufacture—

(i)on or after 1st January 2005, or

(ii)prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or

(d)NOGE not otherwise covered by this paragraph and which is used in such manufacture—

(i)on or after 1st January 2005, or

(ii)prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.;

(b)in paragraph (2), immediately after the expression “Part I” there shall be added the expression “or Part II”;

(c)for paragraph (3), there shall be substituted the following paragraph—

(3) Part III of Schedule 2 shall have effect to supplement this regulation and Parts I and II of that Schedule.;

(d)in paragraph (4)—

(i)for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or Part II of Schedule 2,”, and

(ii)in each of sub-paragraphs (a) and (b), for the word “therein” there shall be substituted the expression “that column”.

(e)between paragraphs 4 and 5 there shall be inserted the following paragraphs—

(4A) No plastic material or article manufactured using BADGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4B) No plastic material or article manufactured using BFDGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.

(4C) On and after 1st March 2003, no plastic material or article manufactured using NOGE as an additive shall fall to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.; and

(f)in paragraph (5), for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or Part II of Schedule 2,”.

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