The Materials and Articles in Contact with Food (Scotland) Regulations 2012
PART 1
Preliminary
1
Citation, extent and commencement
2
Interpretation
3
Scope
PART 2
General requirements for materials and articles
4
Offences of contravening specified provisions of Regulation 1935/2004
5
Offence of contravening Article 4 of Regulation 2023/2006
6
Competent authorities for the purposes of Regulation 1935/2004 and Regulation 2023/2006
PART 3
Requirements for active and intelligent materials and articles
7
Offences of contravening specified provisions of Regulation 450/2009
8
Competent authorities for the purposes of Regulation 450/2009
PART 4
Requirements for ceramic articles
9
Interpretation of this Part
10
Limits for lead and cadmium and declaration of compliance
10A
(1) A person who places on the market a ceramic...
PART 5
Requirements for regenerated cellulose film
11
Interpretation of this Part
12
Controls and limits
PART 6
Requirements for plastic materials and articles
13
Interpretation of Part 6 and Schedule 1
14
Offences of contravening specified provisions of Regulation 10/2011
15
Competent authorities for the purposes of Regulation 10/2011
PART 7
Requirements for certain epoxy derivatives
16
Restrictions on the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)
17
Competent authorities for the purposes of Regulation 1895/2005
PART 7A
Requirements for bisphenol A
17A
Interpretation of Part 7A
17B
Offences of contravening specified provisions of Regulation 2018/213
17C
Competent authorities for the purposes of Regulation 2018/213
PART 8
Requirements for vinyl chloride
18
Requirements for vinyl chloride
PART 9
Enforcement
19
Offences and penalties
20
Execution and enforcement
21
Offences by corporate bodies or Scottish partnerships
22
Offences due to the act or default of a third party
23
Time limit for prosecutions
24
General defences
25
Procedure where a sample is to be analysed
26
Secondary analysis by the Government Chemist
27
Application of various provisions of the Act
PART 10
General and supplementary
28
Consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990
29
Amendment to the Food Labelling Regulations 1996
30
Revocations
SCHEDULE 1
SPECIFIED PROVISIONS OF REGULATION 10/2011
SCHEDULE 2
REVOCATIONS
SCHEDULE 3
BASIC RULES FOR DETERMINING THE MIGRATION OF LEAD AND CADMIUM
1
Test liquid (‘simulant’) 4 % (v/v) acetic acid, in a...
2
Test conditions (a) Carry out the test at a temperature...
3
Filling (a) Samples which can be filled— Fill the article...
4
Determination of the surface area The surface area of the...
SCHEDULE 4
METHODS OF ANALYSIS FOR DETERMINATION OF THE MIGRATION OF LEAD AND CADMIUM
1
Object and field of application
2
Principle
3
Reagents
4
Performance criteria of the instrumental method of analysis
5
Method (a) Preparation of the sample The sample must be...
SCHEDULE 5
DECLARATION OF COMPLIANCE
1
The declaration referred to in regulation 10A must contain the...
2
The declaration must permit an easy identification of the goods...
SCHEDULE 6
LIST OF SUBSTANCES AUTHORISED IN THE MANUFACTURE OF REGENERATED CELLULOSE FILM
1
In this schedule “ regenerated cellulose film ” means a...
2
Notes— —The percentages in this schedule, in the first and...
2012 No. 318

Food

The Materials and Articles in Contact with Food (Scotland) Regulations 2012
Made
22nd November 2012
Laid before the Scottish Parliament
23rd November 2012
Coming into force
22nd December 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a), (2)(a) and (3), 31 and 48(1) of the Food Safety Act 1990 , paragraph 1A of Schedule 2 to the European Communities Act 1972 and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for certain references, to Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food or to any Annex to the EU instruments specified in regulation 2(3), to be construed as references to that Regulation or that Annex as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency .
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 safety .
1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 16(2), 17, 31 and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28). Section 17 was also amended by paragraph 12 of Schedule 5 to the 1999 Act. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990. By virtue of section 40(2) of the 1999 Act, amendments made by Schedule 5 to that Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46). The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The functions conferred on the Minister of the Crown under section 2(2), in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005.
OJ No L 384, 29.12.2006, p.75, amended by Commission Regulation (EC) No. 282/2008 (OJ No L 86, 28.3.2008, p.9).
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c.28).
OJ No L 31, 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 L 188, 18.7.2009, p.14).