Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Materials and Articles in Contact with Food (England) Regulations 2007 (S.I. 2007/2790 as previously amended by S.I. 2008/916 and S.I. 2009/205) (“the principal Regulations”) in order to provide for the execution and enforcement of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food (OJ No. L135, 30.5.2009, p.3) (“Regulation 450/2009”). The Regulations also amend the way import is defined in the principal Regulations.

In detail, these Regulations amend the principal Regulations by —

(a)

inserting a definition of Regulation 450/2009 (regulation 3(a)(i));

(b)

amending the definition of “import” to refer to products which come from outside the European Economic Area (regulation 3(a)(ii));

(c)

making it an offence to contravene specified requirements of Regulation 450/2009 (regulation 4), attaching penalties for such an offence (regulation 6), and providing for a defence in certain circumstances (regulation 8);

(d)

specifying the competent authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 5);

(e)

designating the enforcement authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 7); and

(f)

providing that certain provisions of the Food Safety Act 1990 apply for the purposes of the enforcement of Regulation 450/2009 (regulation 9).

A full impact assessment has not been produced for this instrument as no impact in the private or voluntary sectors is foreseen.