Regulation 16 Restrictions on the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)

United Kingdom

(1)

In this Part —

(a)

any reference to a numbered Article or Annex is a reference to that Article or Annex in Regulation 1895/2005; and

(b)

F1paragraph (2) is subject to Article 1(3) (scope) M1.

(2)

Subject to Article 6(1),(2) and (4) (transitional provisions) M2, no person may place on the market or use, in the course of a business in connection with the storage, preparation, packaging, sale or service of food —

(a)

any material or article in contravention of Article 3 (prohibition on use or presence of BFDGE) or Article 4 (prohibition on use or presence of NOGE); or

(b)

any material or article that fails to comply with the restrictions contained in Article 2 (BADGE) as read with Annex I (specific migration limit for BADGE and certain of its derivatives).

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Any person who contravenes F3paragraph (2) is guilty of an offence.

Annotations

Textual amendments

F1: Words in reg. 16(1)(b) substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 4(8)(a)
F2: Reg. 16(3) omitted (25.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 4(8)(b)
F3: Words in reg. 16(4) substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 4(8)(c)

Marginal citations

M1: Article 3 contains an exception relating to certain containers and storage tanks and pipelines belonging to them.
M2: Article 6(1) (relevant date 1 March 2003) and (2) (relevant date 1 January 2005) provide for transitional arrangements for the application of Articles 2, 3 and 4 to specified materials and articles; Article 6(4) allows the marketing of specified materials and articles if certain labelling requirements are met.