# The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 S.S.I. 2019/32 · made 5 February 2019 These Regulations amend the Materials and Articles in Contact with Food (Scotland) Regulations 2012 (“the 2012 Regulations”). These Regulations provide for the enforcement of Commission Regulation (EU) 2018/213 (“Regulation 2018/213”) on the use of bisphenol A (“BPA”) in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as it applies to the use of that substance in plastic food contact materials (OJ L 41, 14.2.2018, p.6). These Regulations also make other minor amendments. Made under: Food Safety Act 1990 (Section 16, Section 17, Section 26, Section 48) PDFs: Printed copy https://openlegislation.uk/materials-and-articles-in-contact-with-food-scotland-amendment-regulations-2019/pdf/ssi_20190032_en.pdf; Policy Note https://openlegislation.uk/materials-and-articles-in-contact-with-food-scotland-amendment-regulations-2019/pdf/ssipn_20190032_en.pdf ## Introductory text Food Made 5th February 2019 Laid before the Scottish Parliament 7th February 2019 Coming into force 28th March 2019 The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a), (2)(a) and (3) and 48(1) of the Food Safety Act 1990 and all other powers enabling them to do so. In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland. There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. ## 1 Citation and commencement These Regulations may be cited as the Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 and come into force on 28 March 2019. ## 2 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 The Materials and Articles in Contact with Food (Scotland) Regulations 2012 are amended in accordance with regulations 3 to 11. ## 3 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In regulation 2 (interpretation)— (a) in paragraph (1)— (i) at the end of the definition of “Regulation 10/2011” add “, as amended by Commission Regulation (EU) 2016/1416”, and (ii) after the definition of “Regulation 10/2011”, insert the following definition— ““Regulation 2018/213” means Commission Regulation (EU) No. 2018/213 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No. 10/2011 as regards the use of that substance in plastic food contact materials;”, and (b) for paragraph (2) substitute— “(2) Expressions used in these Regulations and in Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009, Regulation 10/2011, or Regulation 2018/213 bear the same meaning in these Regulations as they bear in those Regulations.”. ## 4 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 For regulation 15 (competent authorities for the purposes of Regulation 10/2011) substitute— “Competent authorities for the purposes of Regulation 10/2011 15. The competent authorities for the purposes of Regulation 10/2011— (a) Article 8 (general requirement on substances), and (b) Article 16(1) (supporting documents), are Food Standards Scotland and each food authority in its area.”. ## 5 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 After regulation 17 insert — “PART 7A Requirements for bisphenol A Interpretation of Part 7A 17A. In this Part any reference to a numbered Article is a reference to that Article so numbered in Regulation 2018/213. Offences of contravening specified provisions of Regulation 2018/213 17B. Subject to Article 6, no person shall place on the market any varnished or coated material or article that does not comply with the requirements of Article 2. Competent authorities for the purposes of Regulation 2018/213 17C. The national competent authority for the purposes of Article 4(3) is Food Standards Scotland and each food authority in its area.”. ## 6 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In regulation 19 (offences and penalties)— (a) in paragraph (1) after “12(8)” insert “, 17B”, (b) in paragraph (2) after “Regulation 10/2011 “ insert “, Regulation 2018/213”, (c) in paragraph (3) after “that” insert “a”. ## 7 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In regulation 20 (execution and enforcement)— (a) in paragraph (1)(a) for “and Regulation 10/2011” substitute “, Regulation 10/2011 and Regulation 2018/213”, and (b) in paragraph (2)— (i) after sub-paragraph (a) omit “and”, (ii) in sub-paragraph (b) for “Regulation 450/2009.” substitute “Regulation 450/2009,”, and (iii) after sub -paragraph (b) add— “(c) Article 16(1) of Regulation 10/2011, and (d) Article 4(3) of Regulation 2018/213.”. ## 8 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In regulation 23(2) (time limit for prosecutions) for “or 19(2) or (3)” substitute “, 19(2), (3) or (4)”. ## 9 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In regulation 24(2) (general defences) after “16(4)” insert “, 17B”. ## 10 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In regulation 27 (application of various provisions of the Act)— (a) in paragraph (2) for “or Regulation 10/2011” substitute “, Regulation 10/2011 or Regulation 2018/213”, and (b) in paragraph (3) for “or Regulation 10/2011” substitute “, Regulation 10/2011 or Regulation 2018/213”. ## 11 Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 In the table in schedule 1 (specified provisions of regulation 10/2011) in the first column (specified provision) for “Article 11(1) and (2) and Annex I, as read with Article 11(3)” substitute “Article 11(1) and Annex I, as read with Article 11(3) and (4)”. ## Signature JOE FITZPATRICK Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 5th February 2019 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Materials and Articles in Contact with Food (Scotland) Regulations 2012 (“the 2012 Regulations”). These Regulations provide for the enforcement of Commission Regulation (EU) 2018/213 (“Regulation 2018/213”) on the use of bisphenol A (“BPA”) in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as it applies to the use of that substance in plastic food contact materials (OJ L 41, 14.2.2018, p.6). These Regulations also make other minor amendments. These Regulations amend the 2012 Regulations as follows— a) amendments in relation to definitions of EU legislation (regulation 3); b) amendment to regulation 15 in relation to competent authorities (regulation 4); c) inserting a new Part 7A, comprising regulations 17A to 17C, to provide for the enforcement of provisions of Regulation 2018/213 on the use of BPA in varnishes and coatings intended to come into contact with food for the purposes of Regulation 2018/213 (regulation 5); d) amendment to regulation 19 (offences and penalties) to make it an offence to obstruct a person acting in the execution of powers under Regulation 2018/213 and to provide for sentencing in relation to the offence created by inserted regulation 17B (regulation 6); e) amendment to regulation 20 (execution and enforcement) to include reference to Regulation 10/2011 and Regulation 2018/213 (regulation 7); f) amendment to regulation 23 (time limit for prosecutions) to cover provision in regulation 19(4) (regulation 8); g) amendment to regulation 24 (general defences) to include reference to the offence created by new regulation 17B (regulation 9); h) amendment to regulation 27 to include reference to Regulation 2018/213 (regulation 10); i) amendment to the schedule (regulation 11). A full Business and Regulatory Impact Assessment of the effect these Regulations will have on the costs of business, the voluntary sector and the public sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from Food Standards Scotland, Pilgrim House, Old Ford Road, Aberdeen, AB11 5RL. --- Source: https://www.legislation.gov.uk/ssi/2019/32 (the official version) Page: https://openlegislation.uk/materials-and-articles-in-contact-with-food-scotland-amendment-regulations-2019 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.