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Explanatory note

Original text. Later amendments are not shown.

(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—

  1. a)

    amendments in relation to definitions of EU legislation (regulation 3);

  2. b)

    amendment to regulation 15 in relation to competent authorities (regulation 4);

  3. 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);

  4. 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);

  5. e)

    amendment to regulation 20 (execution and enforcement) to include reference to Regulation 10/2011 and Regulation 2018/213 (regulation 7);

  6. f)

    amendment to regulation 23 (time limit for prosecutions) to cover provision in regulation 19(4) (regulation 8);

  7. g)

    amendment to regulation 24 (general defences) to include reference to the offence created by new regulation 17B (regulation 9);

  8. h)

    amendment to regulation 27 to include reference to Regulation 2018/213 (regulation 10);

  9. 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.