Amendment to the Plastic Materials and Articles in Contact with Food (Wales) Regulations 2009
2.—(1) The Plastic Materials and Articles in Contact with Food (Wales) Regulations 2009(1) are amended in accordance with paragraph (2).
(2) After regulation 21 (transitional defence relating to PVC gaskets containing epoxidised soybean oil) insert the following as regulation 21A–
“Transitional defences relating to infant feeding bottles containing Bisphenol A
21A.—(1) In any proceedings for an offence under regulation 3 in connection with the sale or import into the EU of a polycarbonate infant feeding bottle which fails to meet the required standard it shall be a defence to prove that the plastic material or article —
(a)was placed on the market or as the case may be imported in to the EU before 1st June 2011; and
(b)complied with these Regulations as they stood immediately before the amendment made to Annex II to the Directive by Commission Directive 2011/8/EU.
(2) In any proceedings for an offence under regulation 4 in connection with the use of Bisphenol A in the manufacture of a polycarbonate infant feeding bottle it shall be a defence to prove that the plastic material or article —
(a)was manufactured before 1st March 2011; and
(b)complied with these Regulations as they stood immediately before the amendment made to Annex II to the Directive by Commission Directive 2011/8/EU.
(3) In this regulation Commission Directive 2011/8/EU means Commission Directive 2011/8/EU amending Directive 2002/72/EC as regards the restriction of use of Bisphenol A in plastic infant feeding bottles.”.
S.I. 2009/481 (W.49), amended by S.I. 2010/2288 (W.200).