These Regulations, which apply in relation to Wales only, further amend the Plastic Materials and Articles in Contact with Food Regulations 1998 (S.I. 1998/1376, “the 1998 Regulations”), which extend to the whole of Great Britain. These Regulations implement Commission Directive 2004/13/EC amending Commission Directive 2002/16/EC relating to the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (OJ No. L51, 22.2.2002, p.27) and also implement Commission Directive 2004/1/EC amending Commission Directive 2002/72/EC in relation to the use of azodicarbonamide as a blowing agent (OJ No. L220, 15.8.2002, p.18).
The Regulations amend the 1998 Regulations by —
extending by a year the provisional authorisation of 2,2-bis(hydroxyphenyl)propane bis(2,3-epoxypropyl)ether (“BADGE”) (regulation 4);
prohibiting the use of the blowing agent azodicarbonamide as from 2 August 2005 (regulation 5);
amending the defence available under regulation 10 paragraph (19) of the 1998 Regulations to allow for a date code as an alternative to the date of filling itself appearing on materials and articles covered by a surface coating, the defence being conditional on the meaning of the code having been disclosed on request to the Food Standards Agency and the enforcement authority (regulation 6(a));
creating a defence relating to azodicarbonamide similar to that which applies to materials and articles covered by a surface coating (regulation 6(c)).
A regulatory appraisal has been prepared for these Regulations and has been placed in the Library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Commission Directive 2004/13/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.