OpenLegislation

Article 6 Derogations for substances that are not authorisedF10

United Kingdom

Original text. Later amendments are not shown.

1.

By way of derogation from Article 5, substances other than those F1that are authorised may be used as polymer production aids in the manufacture of plastic layers in plastic materials and articles subject to F2any relevant enactment.

F32.

By way of derogation from Article 5, colorants and solvents which were capable of lawful use in the manufacture of plastic layers in plastic materials and articles prior to adoption of the list may continue to be so used subject to any relevant enactment.

3.

The following substances F4, if not otherwise authorised, are nevertheless deemed to be authorised, subject to the rules set out in Articles 8, 9, 10, 11 and 12:

F5(a )

all salts of substances for which ‘ yes ’ is indicated in column 2 in Table 1 of Annex II of authorised acids, phenols or alcohols, and subject to the restrictions set out in column 3 and 4 of that table;

(b)

mixtures obtained by mixing authorised substances without a chemical reaction of the components;

(c)

when used as additives, natural or synthetic polymeric substances of a molecular weight of at least 1 000 Da, except macromolecules obtained from microbial fermentation, complying with the requirements of this Regulation, if they are capable of functioning as the main structural component of final materials or articles;

(d)

when used as monomer or other starting substance, pre-polymers and natural or synthetic macromolecular substances, as well as their mixtures, except macromolecules obtained from microbial fermentation, if the monomers or starting substances required to synthesise them are included in the F6... list.

4.

The following substances F7, if not otherwise authorised, may be present in the plastic layers of plastic materials or articles:

(a)

non-intentionally added substances;

(b)

aids to polymerisation.

5.

By derogation from Article 5, additives F8that were not authorised may continue to be used subject to national law after 1 January 2010 until a decision is taken F9on whether or not they are to be authorised, provided they are included in the provisional list referred to in Article 7.

Annotations

Textual amendments

F1

Words in Art. 6(1) 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), 13(5)(b) (with reg. 23)

F2

Words in Art. 6(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, 69(b); 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 6(2) substituted (31.12.2020) by The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/704), regs. 1, 69(c); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 6(3) 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), 13(5)(c) (with reg. 23)

F5

Substituted by Commission Regulation (EU) 2020/1245 of 2 September 2020 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (Text with EEA relevance).

F6

Word in Art. 6 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, 69(a); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 6(4) 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), 13(5)(d) (with reg. 23)

F8

Words in Art. 6(5) 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), 13(5)(e)(i) (with reg. 23)

F9

Words in Art. 6(5) 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), 13(5)(e)(ii) (with reg. 23)

F10

Words in Art. 6 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), 13(5)(a) (with reg. 23)