Article 9 Substances referred to in Article 5(2)(a) and (b)
United Kingdom
Released active substances, as referred to in Article 5(2)(a) of this Regulation and substances added or incorporated by techniques such as grafting or immobilisation, as referred to in Article 5(2)(b) of this Regulation, shall be used in full compliance with F1F2assimilated law and any other enactment applicable to food, and shall comply with the provisions of Regulation (EC) No 1935/2004 and, when applicable, its implementing measures.
The amount of a released active substance shall not be included in the value of the measured overall migration, in cases where an overall migration limit (OML) is established in a specific F3... measure for the food contact material in which the component is incorporated.
Without prejudice to Article 4(1) and (3) of Regulation (EC) No 1935/2004, the amount of a released active substance may exceed the specific restriction established for that substance in F4assimilated law or any other enactment relating to the food contact materials in which the component is incorporated provided it complies with the F5assimilated law applicable to food, or, where no such provisions exist, with the national provisions applicable to food.
Annotations
Textual amendments
- F1
Words in Art. 9(1) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 61(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Word in Art. 9 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 11 para. 17(b)
- F3
Word in Art. 9(2) omitted (31.12.2020) by virtue of The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 61(b); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 9(3) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 61(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 9(3) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 61(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Section 2
Textual amendments
- F1
Words in Section 2 heading substituted (1.4.2025) by The Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025 (S.I. 2025/361), regs. 1(2), 12(8) (with reg. 23)