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The Materials and Articles in Contact with Food (Wales) Regulations 2005

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PART 1Preliminary

Title, application and commencement

1.  The title of these Regulations is the Materials and Articles in Contact with Food (Wales) Regulations 2005, they apply in relation to Wales and come into force on 24 June 2005.

Interpretation

2.—(1) In these Regulations —

the Act” (“y Ddeddf”) means the Food Safety Act 1990;

Directive 93/10/EEC” (“Cyfarwyddeb 93/10/EEC”) means Commission Directive 93/10/EEC relating to materials and articles made of regenerated cellulose film intended to come into contact with food(1);

“import” (“mewnforio”) means import in the course of a business from a place other than a Member State;

“plastics” (“plastigau”) means those materials and articles to which Commission Directive 2002/72/EC relating to plastic materials intended to come into contact with foodstuffs applies(2);

“preparation” (“paratoi”) in relation to food includes manufacture and any form of treatment or process;

“regenerated cellulose film” (“ffilm seliwlos a adfywiwyd”) means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose;

“the 1998 Regulations” (“Rheoliadau 1998”) means the Plastic Materials and Articles in Contact with Food Regulations 1998(3);

Regulation 1935/2004” (“Rheoliad 1935/2004”) means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC(4); and

“sell” (“gwerthu”) includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly.

(2) Any reference in these Regulations to a numbered Article is a reference to the Article bearing that number in Regulation 1935/2004.

(3) Expressions used in these Regulations and in Regulation 1935/2004 have the same meaning in these Regulations as in that Regulation.

Scope

3.  The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3).

(1)

OJ No. L93, 17.4.93, p.27, as last amended by Commission Directive 2004/14/EC (OJ No. L27, 30.1.2004, p.48).

(2)

OJ No. L220, 15.8.2002, p.18, as last amended by Commission Directive 2004/19/EC (OJ No. L71, 10.3.2004, p.8).

(3)

S.I. 1998/1376, as amended in relation to Wales by S.I. 2000/3162, S.I. 2002/2364, S.I. 2004/3113 and S.I. 2005/325.

(4)

OJ No. L338, 13.11.2004, p.4.

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