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The Materials and Articles in Contact with Food (Wales) Regulations 2010

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Controls and limits

10.—(1) This Part applies to regenerated cellulose film which—

(a)constitutes a finished product in itself; or

(b)is part of a finished product containing other materials,

and is intended to come into contact with food or, by being used for that purpose, does come into contact with food.

(2) Except in paragraph (4), any reference in this regulation to Annex II is a reference to Annex II to Directive 2007/42/EC.

(3) Subject to paragraph (5) and regulation 12, no person may manufacture any regenerated cellulose film intended to come into contact with food using any substance or group of substances other than the substances named or described–

(a)in the first column (denominations) of Annex II (list of substances authorised in the manufacture of regenerated cellulose film) in the case of—

(i)uncoated film; or

(ii)coated film where the coating is derived from cellulose;

(b)in the first column of the First Part (uncoated regenerated cellulose film) of Annex II in the case of film to be coated, where the coating is to consist of plastics,

and in each case other than in accordance with the conditions and restrictions specified in the corresponding entry in the second column of the appropriate Part of Annex II, as read with the preamble to that Annex.

(4) Subject to regulation 12, no person may manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances other than those listed in Annex II, III or IV to Directive 2002/72/EC and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Annexes and in the 2009 Regulations.

(5) Substances other than those listed in Annex II may be used as colourants or adhesives in the manufacture of any film to which paragraph (3)(a) applies, provided that such film is manufactured in such a way that it does not transfer any colourant or adhesive to food in any detectable quantity.

(6) Subject to regulation 12 no person may—

(a)sell;

(b)import; or

(c)use in the course of a business in connection with the storage, preparation, packaging, sale or service of food,

any regenerated cellulose film which has been manufactured in contravention of the requirements of paragraphs (3) or (4), or which fails to comply with paragraph (8).

(7) No person may, in the course of a business, use in connection with the storage, preparation, packaging, sale or service of food—

(a)where the food contains water physically free at the surface, any regenerated cellulose film containing bis(2-hydroxyethyl) ether or ethanediol; or

(b)any regenerated cellulose film in such a way that any printed surface of that film comes into contact with the food.

(8) Any material or article made of regenerated cellulose film that is not by its nature clearly intended to come into contact with food must, at a marketing stage other than the retail stage, be accompanied by a written declaration attesting that it complies with the legislation applicable to it.

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