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

Other transitional defences and savings

22.—(1) Notwithstanding the revocation of the 1998 Regulations made by regulation 25 of the Plastic Materials and Articles in Contact with Food (Wales) Regulations 2006 in relation to any plastic material or article —

(a) manufactured before the 1 July 1998, the defence in regulation 3(3) of the 1998 Regulations;

(b) manufactured or imported into the European Community before 1 January 2003, the defence in regulation 10(15) of the 1998 Regulations;

(c) put into free circulation in the European Community before 30 November 2002, the defence in regulation 10(16) of the 1998 Regulations;

(d) manufactured or imported into the European Community before 1 March 2004, the defence in regulation 10(21)(a) of the 1998 Regulations;

(e) manufactured or imported into the European Community before 1 March 2003, the defence in regulation 10(21)(b) of the 1998 Regulations;

(f) containing azodicarbonamide and brought into contact with food before 2 August 2005, the defence in regulation 10(23) of the 1998 Regulations; or

(g) manufactured or imported into the European Community before 1 March 2006, the defence in regulation 10(25) of the 1998 Regulations,

must apply in relation to offences under these Regulations in like manner as it applied to offences under the equivalent provisions in those Regulations.

(2) In any proceedings for an offence under these Regulations other than an offence referred to in regulation 21(1), it is a defence to prove —

(a) that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 19 November 2007; and

(b) that the matter constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2005/79/EC had not been implemented in Wales at the time the matter occurred.

(3) In any proceedings for an offence under these Regulations other than an offence referred to in regulation 21(1), it is a defence to prove —

(a) in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No.’s 30340, 30401, 36640, 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 foods(1), or

(ii) in the case of plastic materials and articles which do not comply with the restrictions and specifications for phthalates under Ref. No.’s 74560, 74640, 74880, 75100 and 75105 contained in Annex III,

that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1 July 2008; or

(b) in any case other than those mentioned in sub-paragraph (a), that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1 May 2009; and

(c) that the matter constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2007/19/EC had not been implemented in Wales at the time the matter occurred.

(1)

OJ No. L92, 3.4.2007, p.9.