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The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2008

S.S.I. 2008/127 · Made 19 March 2008 · Extends to Scotland

As made. This is the original text, without later amendments. Read the latest version.

FOOD

Made 19th March 2008

Laid before the Scottish Parliament 20th March 2008

Coming into force

for the purpose of regulation 26(c) 1st July 2008

for all other purposes 1st May 2008

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), 31 and 48(1) of the Food Safety Act 1990f1 and paragraph 1A of Schedule 2 to the European Communities Act 1972f2, and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to any Annex to the Community instrument specified in regulation 2(5) to be construed as a reference to that Annex as amended from time to time.

In accordance with section 48(4A) of the Food Safety Act 1990, they have had regard to relevant advice given by the Food Standards Agencyf3.

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 safetyf4.

Annotations to the whole text

Footnotes

f1

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(2) and 48(1) were amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 8; section 17(1) and (2) was amended by 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6 and is to be read with section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, (asp 6); section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (c.46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, and insofar as relating to food (including drink) including the primary production of food those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

f2

1972 c. 68; paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28.

f3

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

f4

O.J. No. L 31, 1.2.02, p.1, as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4) and Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 7.4.06, p.3).

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Requirements for Plastic Materials and Articles
  5. 3Restriction on the use, sale or import of plastic materials and articles
  6. 4Restriction on the use of monomers in the manufacture of plastic materials and articles
  7. 5Restriction on the use of additives in the manufacture of plastic materials and articles
  8. 6Required standard for non migration of constituents of monomers
  9. 7Required standard for non migration of constituents of additives
  10. 8Required standard for products obtained by bacterial fermentation
  11. 9Required standards relating to overall migration limits
  12. 10Required standard for non migration of primary aromatic amines
  13. 11Required standard relating to plastic multi-layer materials and articles
  14. 12Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)
  15. 13Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
  16. 14Labelling and documentation
  17. Part 3: Execution and Enforcement
  18. 15Enforcement
  19. 16Offences and Penalties
  20. 17General defences
  21. 18Transitional defence relating to PVC gaskets containing epoxidised soybean oil
  22. 19Other transitional defences and savings
  23. 20Procedure where a sample is to be analysed
  24. 21Secondary analysis by the Government Chemist
  25. Part 4: Application for Authorisation
  26. 22Applications for inclusion of an additive in the Community list of authorised additives
  27. Part 5: General and Supplementary
  28. 23Application of provisions of the Act
  29. 24Amendment to the Food Safety (Sampling and Qualifications) Regulations 1990
  30. 25Amendments to the Materials and Articles in Contact with Food (Scotland) Regulations 2007
  31. 26Revocations
  32. Signature
  33. Schedule 1: Supplementary Provisions Relating to Annexes II and III
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. 4Paragraph 4
  38. 5Paragraph 5
  39. Schedule 2: Provisions Applicable when Testing Compliance with the Migration Limits
  40. 1General Provisions
  41. 2General Provisions
  42. 3General Provisions
  43. 4General Provisions
  44. 5General Provisions
  45. 6Special provisions relating to the fat reduction factor
  46. 7Special provisions relating to the fat reduction factor
  47. 8Special provisions relating to the fat reduction factor
  48. 9Special provisions relating to the correction of specific migration in stimulant D
  49. 10Special provisions relating to overall migration
  50. 11Special provisions relating to overall migration
  51. 12Special provisions relating to overall migration
  52. 13Special provisions relating to caps, lids, gaskets, stoppers and similar sealing articles
  53. Schedule 3: Overall and Specific Migration Testing Using Food Simulants
  54. Part 1: Basic Rules
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. Part 2: Food Simulants to be used in Migration Testing
  60. 1Paragraph 1
  61. 2Paragraph 2
  62. 3Paragraph 3
  63. 4Paragraph 4
  64. 5Paragraph 5
  65. Part 3: Selection of Food Simulants
  66. 1Testing, reduction factors and definition of food types
  67. 2Testing, reduction factors and definition of food types
  68. 3Testing, reduction factors and definition of food types
  69. 4Selection of simulants for testing materials and articles intended for contact with all food types
  70. 5Selection of simulants for testing materials and articles which are already in contact with a known food
  71. 6Selection of simulants for testing materials and articles which are accompanied by a specific indication
  72. 7Selection of simulants for testing materials and articles which are accompanied by a specific indication
  73. 8Selection of simulants for testing materials and articles which are accompanied by a specific indication
  74. Part 4: Simulants to be used in relation to a Specific Food or Group of Foods
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. 4Paragraph 4
  79. 5Paragraph 5
  80. Part 5: Migration Test Conditions (Times and Temperatures)
  81. 1General criteria
  82. 2General criteria
  83. 3General criteria
  84. 4Volatile migrants
  85. 5Special cases
  86. 6Special cases
  87. 7Special cases
  88. 8Special cases
  89. Part 6: Substitute Fat Test for Overall and Specific Migration
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. Part 7: Alternative Fat Tests for Overall and Specific Migration
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. Schedule 4: Information to be contained in a declaration of compliance
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. Explanatory note