The Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to Wales, provide for the execution and enforcement of Commission Regulation (EC) No 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods (OJ No. L92, 3.4.2007, p.9) (“the Commission Regulation”).

2.  The Regulations —

(a) designate the bodies having the duty to enforce these Regulations and the Commission Regulation (regulation 3);

(b) provide that it is an offence to contravene the requirements of Article 1 of the Commission Regulation, which provides that lids containing gaskets made of plastic materials must comply with the detailed specifications set out in the Annex to that Regulation, and specify the maximum penalties on conviction (regulation 4(1)(a) and (2)(a));

(c) provide that it is a summary offence to obstruct, fail to give information to or give false information to anyone enforcing these Regulations and specify the maximum penalties on conviction (regulation 4(1)(b),(c) and (d) and (2)(b));

(d) provide that individuals responsible for the actions of a corporate body or a Scottish partnership may be co-prosecuted for offences committed by that body or partnership (regulation 5);

(e) provide for the prosecution of a person who causes the commission of an offence under these Regulations by another person, whether or not proceedings are started against the principal offender (regulation 6);

(f) specify a time limit for commencing a prosecution (regulation 7);

(g) provide for a defence to offences under these Regulations of exercising due diligence (regulation 8);

(h) specify the procedure to be followed when sending a sample for analysis (regulation 9);

(i) make provision for a reference sample to be analysed by the Laboratory of the Government Chemist (regulation 10); and

(j) apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 11).

3.  A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.