1. These Regulations may be cited as the Materials and Articles in Contact with Food (England) Regulations 2007, apply in relation to England only and come into force —
(a)for the purposes of regulations 5, 7 and 14(3), on 1st August 2008; and
(b)for all other purposes, on 29th October 2007.
2.—(1) In these Regulations —
“the Act” means the Food Safety Act 1990;
[F1”the 2009 Regulations” means the Plastic Materials and Articles in Contact with Food (England) Regulations 2009;]
F2...
F3...
“Directive 2002/72/EC” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs M1;
“Directive 2007/42/EC” means Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs M2;
“Regulation 1935/2004” means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC M3;
“Regulation 2023/2006” means Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food M4;
[F4“Regulation 450/2009” means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food;]
“authorised officer” means any person, whether or not an officer of the authority having responsibility for execution and enforcement under regulation 14, who is authorised by that authority in writing to act in matters arising under these Regulations;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“import” means import in the course of a business from a place other than [F5an EEA State];
“plastics” means those materials and articles to which Directive 2002/72/EC applies;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 M5 by section 7(1) of that Act), the Common council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“preparation” includes manufacture and any form of treatment or process, and “prepare” shall be construed accordingly;
“regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly.
F6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Expressions used in these Regulations and in Regulation 1935/2004 or Regulation 2023/2006 bear the same meaning in these Regulations as they bear in those Regulations.
(4) Any reference to Regulation 2023/2006 or to an Annex of Directive 2002/72/EC or of Directive 2007/42/EC is a reference to that Regulation or that Annex as amended from time to time.
Textual Amendments
F1Words in reg. 2(1) inserted (7.3.2009) by The Plastic Materials and Articles in Contact with Food (England) Regulations 2009 (S.I. 2009/205), regs. 1, 26(2)(b)
F2Words in reg. 2(1) omitted (7.3.2009) by virtue of The Plastic Materials and Articles in Contact with Food (England) Regulations 2009 (S.I. 2009/205), regs. 1, 26(2)(a)
F3Words in reg. 2(1) omitted (1.5.2008) by virtue of The Plastic Materials and Articles in Contact with Food (England) Regulations 2008 (S.I. 2008/916), regs. 1(b), 28(2)(a)
F4Words in reg. 2(1) inserted (19.12.2009) by The Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009 (S.I. 2009/2938), regs. 1, 3(a)(i)
F5Words in reg. 2(1) substituted (19.12.2009) by The Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009 (S.I. 2009/2938), regs. 1, 3(a)(ii)
F6Reg. 2(2) omitted (19.12.2009) by virtue of The Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009 (S.I. 2009/2938), regs. 1, 3(b)
Marginal Citations
M1OJ No. L220, 15.8.2002, p.18. This Directive was corrected by a corrigendum (OJ No. L39, 13.2.2003, p.1), and has been amended as at the date these Regulations were made by Commission Directives 2004/1/EC (OJ No. L7, 13.1.2004, p.45), 2004/19/EC (OJ No. L71, 10.3.2004, p.8), 2005/79/EC (OJ No. L302, 19.11.2005, p.35) and Commission Directive 2007/19/EC (OJ No.L97, 12.4.2007, p.50).
M2OJ No. L172, 30.6.2007, p.71. This Directive repealed and consolidated without further amendment Commission Directive 93/10/EEC as last amended by Commission Directive 2004/14/EC.
M3OJ No. L338, 13.11.2004, p.4.
M4OJ No. L384, 29.12.2006, p.75.
3. The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3).