Regulation 2 InterpretationI1

In these Regulations–

• “the Act” means the Food Safety Act 1990;

• “BADGE” has the meaning it bears in Article 1(1)(a) of Regulation 1895/2005;

• “BFDGE” has the meaning it bears in Article 1(1)(b) of Regulation 1895/2005;

• “business” has the meaning it bears in the Act;

• “capable” means capable as established under regulation 13;

• “Directive 82/711” means Council Directive 82/711/EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs^f1;

• “Directive 85/572” means Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs^f2;

• “Directive 88/388” means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production^f3;

• “Directive 89/107” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption^f4;

• “the Directive” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs^f5;

• “EFSA” means the European Food Safety Authority;

• “fatty foods” means foods for which, in migration testing, stimulant D is specified in Directive 85/572/EEC;

• “food” is to be construed in accordance with section 16(5) of the Act;

• “good technical quality” means good technical quality as regards the purity criteria;

• “handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;

• “import” means import in the course of a business;

• “infants” means children under the age of twelve months;

• “material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;

• “monomer” means any substance which is included for the purposes of the Directive among monomers and other starting substances;

• “NOGE” has the meaning it bears in Article 1(1)(c) of Regulation 1895/2005;

• “plastic functional barrier” means a barrier consisting of one or more layers of plastics which ensure that the finished material or article complies with Article 3 of Regulation 1935/2004 and with the Directive;

• “plastic material or article” means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;

• “plastic multi layer material or article” means a plastic material or article composed of two or more layers of materials each consisting exclusively of plastics, which are bound together by means of adhesives or other means;

• “purity criteria” means purity criteria in accordance with Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs^f6, Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs^f7 and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colour sweeteners^f8;

• “Regulation 1935/2004” means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC^f9;

• “Regulation 1895/2005” means Commission Regulation (EC) No. 1895/2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food^f10;

• “the 1998 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 1998^f11;

• “the 2006 Regulations” means the Plastic Materials and Articles in Contact with Food (Scotland) (No. 2) Regulations 2006^f12;

• “the 2007 Regulations” means the Materials and Articles in Contact with Food (Scotland) Regulations 2007^f13;

• “sell” includes offer or expose for sale or have in possession for sale, and “sale” is to be construed accordingly; and

• “young children” means children aged between one and three years.

For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.

Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.

Except in regulation 11(3) and Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex in the Directive.

Any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.