1.—(1) The title of these Regulations is the Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 6 September 2018.
2. The Materials and Articles in Contact with Food (Wales) Regulations 2012(1) are amended in accordance with regulations 3 to 9.
3. In regulation 2 (interpretation)—
(a)in paragraph (1), after the definition of “Regulation 10/2011”, insert the following definition—
““Regulation 2018/213” (“Rheoliad 2018/213”) means Commission Regulation (EU) 2018/213 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials(2);”;
(b)in paragraph (2), for “or Regulation 10/2011” substitute “, Regulation 10/2011 or Regulation 2018/213”.
4. In regulation 14(1) (offences of contravening specified provisions of Regulation 10/2011), for “and Article 6 of Commission Regulation (EU) 2018/831,” substitute “, Article 2 of Commission Regulation (EU) 2018/831(3) and Article 6 of Regulation 2018/213(4),”.
5. After regulation 17 (competent authorities for the purposes of Regulation 1895/2005) insert—
17A. In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 2018/213.
17B. Subject to the transitional provisions contained in Article 6, any person who places on the market a material or article that fails to comply with Article 2 is guilty of an offence.
17C. The competent authorities for the purposes of Article 4(3) are the Food Standards Agency and each food authority in its area.”
6. In regulation 19 (offences and penalties)—
(a)in paragraph (2), after “Regulation 10/2011” insert “, Regulation 2018/213”;
(b)in paragraph (5)(a), for “or 16(4)” substitute “16(4) or 17B”.
7. In regulation 24(2) (general defences), after “16(4)” insert “, 17B”.
8. In regulation 27(1)(a) (application of various provisions of the Act)—
(a)at the end of paragraph (iv), omit “and”;
(b)after paragraph (v), insert—
“(vi)Article 4 of Regulation 2018/213; and”.
9. In Schedule 2, in Part 1 (modification of section 10(1)), in section 10(1A) as applied—
(a)at the end of paragraph (d), omit “and”;
(b)at the end of paragraph (e), for “.” substitute “; and”;
(c)after paragraph (e), insert—
“(f)Article 4 of Regulation 2018/213.”
Vaughan Gething
Cabinet Secretary for Health and Social Services, one of the Welsh Ministers
30 July 2018