The Plastic Materials and Articles in Contact with Food (England) Regulations 2009

Regulations 4 and 5

SCHEDULE 1 Supplementary provisions relating to Annexes II and III

1.  In Sections A and B of Annexes II and III (for the purposes of this Schedule referred to together as “the Annexes”) —

(a) the PM/REF number. of any substance is its EEC packaging material reference number;

(b) the CAS number of any substance is its CAS (Chemical Abstracts Service) Registry Number;

(c) the name of any substance is its chemical name, and to the extent that there is any inconsistency between the CAS number and the name, the name shall take precedence over the CAS number; and

(d) references to specific migration are to be taken to mean specific migration as measured in accordance with Schedules 2 and 3.

2.  If a substance appearing in the Annexes as an individual compound also falls within a generic term which appears therein, any restriction applying to that substance shall be that indicated for the individual compound and the entry applying to the generic term shall be treated as varied to such extent as is necessary.

3.—(1) The items identified in Section A or B of Annex II shall be taken to include—

(a) substances undergoing polymerisation (including polycondensation, polyaddition or any other similar process) to manufacture macromolecules;

(b) natural or synthetic macromolecular substances used in the manufacture of modified macromolecules, if the monomers required to synthesise them are not so identified; and

(c) substances used to modify existing natural or synthetic macromolecular substances.

(2) Salts (including double salts and acid salts) of aluminium, ammonium, calcium, iron, magnesium, potassium and sodium of authorised acids, phenols or alcohols are not included in the lists in the Annexes even if they are authorised and intentionally used; however names containing “…acid(s), salts” do appear in the lists if the corresponding free acid(s) is or are not mentioned

(3) Salts (including double salts and acid salts) of zinc of authorised acids, phenols or alcohols are not included in the lists in the Annexes even if they are authorised and intentionally used. For these salts a Group SML = 25/mg/kg (expressed as Zn) applies. The same restriction for Zn applies to —

(a) substances whose name contains “….acid(s), salts” which appear in the lists, if the corresponding free acid(s) is or are not mentioned; and

(b) substances referred to in note 38 of Annex VI.

4.  In the case of substances listed in Section B of Annex III, the specific migration limits specified in column 4 shall have effect where the verification of compliance is carried out in simulant D or in test media of substitute tests as prescribed in Directive 82/711/EEC and 85/572/EEC.

5.  Where an entry in column 4 of the Annexes (restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as set out in Annex VI.