2008 No. 261
FOOD

The Plastic Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2008

Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a) and 48(1) of the Food Safety Act 19901, and all other powers enabling them to do so.
In accordance with section 48(4A) of the Food Safety Act 1990, they have had regard to relevant advice given by the Food Standards Agency2.
There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3.

Citation and commencement1.

These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2008 and come into force on 1st July 2008 with the exception of regulation 2(3) which comes into force on 30th June 2008.

Amendments to the Plastic Materials and Articles in Contact with Food (Scotland) Regulations 20082.

(1)

The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 20084 are amended in accordance with paragraphs (2) to (4).

(2)

For regulation 19(3)(a) (other transitional defences and savings) substitute–

(a)

in the case of–

(i)

a lid containing a gasket that does not comply with the restrictions and specifications for Ref. Nos. 30340, 30401, 56800, 76815, 76866, 88640 and 93760 contained in the Annex to Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods5, that the derogation contained in Article 1 of Commission Regulation (EC) No. 597/2008 amending Commission Regulation (EC) No. 372/20076 is applicable; or

(ii)

a lid containing a gasket that does not comply with the restriction and specifications for Ref. No. 36640 contained in Annex III to the Directive or a plastic material or article which does not comply with the restrictions and specifications for phthlates under Ref. Nos. 74530, 74640, 74880, 75100 and 75105 contained in Annex III, that the act constituting the alleged offence was committed in relation to a lid or a plastic material or article which was manufactured or imported into the European Community before 1st July 2008; or

(3)

Omit regulation 26(c)(revocations).

(4)

For “stimulant” substitute “simulant” in each place it appears in regulations 2(1) (interpretation) and 9(3) (required standards relating to overall migration limits), Schedule 2 (Provisions Applicable when Testing Compliance with the Migration Limits), paragraphs 6(1) and 9, and Schedule 3 (Overall and Specific Migration Testing Using Food Simulants), Part 3, paragraphs 3 and 4, Part 4, paragraph 4, Part 6, paragraph 1 and Part 7, paragraphs 1 and 3.

Amendment to the Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Scotland) Regulations 20073.

In regulation 2(1) (interpretation) of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Scotland) Regulations 20077 at the end of the definition of “the Commission Regulation” insert “as amended by Commission Regulation (EC) No. 597/20088”.

Amendment to the Materials and Articles in Contact with Food (Scotland) Regulations 20074.

In regulation 11(5) (migration limits for regenerated cellulose film coated with plastics) of the Materials and Articles in Contact with Food (Scotland) Regulations 20079, for “regulation 11” substitute “regulation 13”.
S ROBISON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations provide for enforcement of Commission Regulation (EC) No. 597/2008 amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods (O.J. No. L 164, 25.06.2008, p.12) (“the Commission Regulation”).

The Commission Regulation extends the application of Commission Regulation (EC) No. 372/2007 until 30th April 2009.

These Regulations provide for the enforcement of the Commission Regulation by amending regulation 19(3)(a) of the Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2008 (“the principal Regulations”) (regulation 2(2)), omitting regulation 26(c) of those Regulations and by amending the definition of “the Commission Regulation” in the Plastic Materials and Articles in Contact with Foods (Lid Gaskets) (Scotland) Regulations 2007.

These Regulations also correct errors in the principal Regulations and make a minor amendment to the Materials and Articles in Contact with Food (Scotland) Regulations 2007 consequential to an error in the principal Regulations.

No regulatory impact assessment has been prepared in relation to these Regulations.