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The Materials and Articles in Contact with Food (Wales) Regulations 2012

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Version Superseded: 14/09/2017

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Offences of contravening specified provisions of Regulation 10/2011F3F4F5F6F7E+W

14.—(1) Subject to the transitional arrangements set out in Article 22(4) and (5) and Article 23 F1, any person who places on the market a plastic material or article that fails to comply with a requirement of Regulation 10/2011 specified in column 1 of the Schedule is guilty of an offence.

(2) Any person who fails to comply with the second sentence of Article 8 (general requirements on substances) or, subject to transitional arrangements set out in Article 22(1), (2) and (3) F2, with Article 16 (supporting documents) is guilty of an offence.

F1Article 22(4) provides that until 31 December 2015 certain additives used in glass fibre sizing must be assessed under Article 19. Article 22(5) provides that materials and articles lawfully placed on the market before 1 May 2011 may be placed on the market until 31 December 2012. Article 23 provides that as regards certain uses of additives Article 5 applies from 31 December 2015 and that the provisions of Articles 18(2) and (4) and Article 20 apply from 31 December 2012.

F2Paragraphs (1),(2) and (3) of article 22 provide that the supporting documents referred to in Article 16 must, until 31 December 2012, be based on the rules in Directive 82/711/EEC; that from 1 January 2013 until 31 December 2015 such documents must be based on the rules in Article 18 of that Regulation.

F31990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.

F4Functions formerly exercisable by “the Ministers” so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

F51972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006, c. 51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (2008 c. 7).

F6OJ No. L384, 29.12.2006, p.75, amended by Commission Regulation (EC) No.282/2008 (OJ No. L86, 28.3.2008, p.9).

F7OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).

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