{
  "url": "https://openlegislation.uk/plastic-materials-and-articles-in-contact-with-food-scotland-regulations-2008/regulation-2",
  "json_url": "https://openlegislation.uk/plastic-materials-and-articles-in-contact-with-food-scotland-regulations-2008/regulation-2.json",
  "legislation": "ssi/2008/127",
  "legislation_title": "The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/plastic-materials-and-articles-in-contact-with-food-scotland-regulations-2008",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations–\n“the Act” means the Food Safety Act 1990;\n“BADGE” has the meaning it bears in Article 1(1)(a) of Regulation 1895/2005;\n“BFDGE” has the meaning it bears in Article 1(1)(b) of Regulation 1895/2005;\n“business” has the meaning it bears in the Act;\n“capable” means capable as established under regulation 13;\n“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;\n“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;\n“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;\n“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;\n“the Directive” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs;\n“EFSA” means the European Food Safety Authority;\n“fatty foods” means foods for which, in migration testing, stimulant D is specified in Directive 85/572/EEC;\n“food” is to be construed in accordance with section 16(5) of the Act;\n“good technical quality” means good technical quality as regards the purity criteria;\n“handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;\n“import” means import in the course of a business;\n“infants” means children under the age of twelve months;\n“material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;\n“monomer” means any substance which is included for the purposes of the Directive among monomers and other starting substances;\n“NOGE” has the meaning it bears in Article 1(1)(c) of Regulation 1895/2005;\n“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;\n“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;\n“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;\n“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, Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colour sweeteners;\n“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;\n“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;\n“the 1998 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 1998;\n“the 2006 Regulations” means the Plastic Materials and Articles in Contact with Food (Scotland) (No. 2) Regulations 2006;\n“the 2007 Regulations” means the Materials and Articles in Contact with Food (Scotland) Regulations 2007;\n“sell” includes offer or expose for sale or have in possession for sale, and “sale” is to be construed accordingly; and\n“young children” means children aged between one and three years.\n(2) 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.\n(3) 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.\n(4) 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.\n(5) Any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in force at 1.5.2008, see reg. 1(1)(b)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "O.J. No. L 297, 23.10.82, p.26; as amended by Commission Directive 93/8/EEC (O.J. No. L 90, 14.4.93, p.22) and Commission Directive 97/48/EC (O.J. No. L 222, 12.8.97, p.10)"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "O.J. No. L 372, 31.12.85, p.14."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "O.J. No. L 345, 14.12.88, p.29; as corrected by a corrigendum dated 15th July 1988 (O.J. No. L 184, 15.7.88, p.61)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "O.J. No. L 40, 11.2.89, p.27; as amended by European Parliament and Council Directive 94/34 (O.J. No. L 237, 10.9.94, p.1)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "O.J. No. L 220, 15.8.02, p.18; as amended by Commission Directive 2004/1/EC (O.J. No. L 7, 13.1.04, p.45), Commission Directive 2004/19/EC (O.J. No. L 71, 10.3.04, p.8), Commission Directive 2005/79/EC (O.J. No. L 302, 19.11.05, p.35), and Commission Directive 2007/19/EC (O.J. No. L 97, 12.4.2007, p.50)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "O.J. No. L 178, 28.7.95, p.1; as amended by Commission Directive 98/66/EC (O.J. No. L 257, 19.9.98, p.35), Commission Directive 2000/51/EC (O.J. No. L 198, 4.8.00, p.41), Commission Directive 2001/52/EC (O.J. No. L 190, 12.7.01, p.18) and Commission Directive 2004/46/EC (O.J. No. L 114, 21.4.04, p.15)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "O.J. No. L 226, 22.9.95, p.1; as amended by Commission Directive 1999/75/EC (O.J. L 206, 5.8.99, p.19), Commission Directive 2001/50/EC (O.J. No. L 190, 12.7.01, p.14) and Commission Directive 2004/47/EC (O.J. L 113, 20.4.04, p.24)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "O.J. No. L 339, 30.12.96, p.1; as amended by Commission Directive 2001/30/EC (O.J. No. L 146, 31.5.01, p.1), Commission Directive 2002/82/EC (O.J. No. L 292, 28.10.02, p.1), Commission Directive 2003/95/EC (O.J. No. L 283, 31.10.03, p.71) and Commission Directive 2004/45/EC (O.J. No. L 113, 20.4.04, p.19)."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "O.J. No. L 338, 13.11.2004, p.4."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "O.J. No. L 302, 19.11.05, p.28."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "S.I. 1998/1376 as amended by S.S.I. 2000/431, 2002/498, 2003/9, 2004/524 and 2005/92. It was revoked by S.S.I. 2006/314."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "S.S.I. 2006/517."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "S.S.I. 2007/471."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word substituted",
      "affecting": "ssi/2008/261",
      "affecting_title": "The Plastic Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2008"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/127",
      "affecting_title": "The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/127/regulation/2",
    "retrieved_at": "2026-10-31T10:29:56.724089+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}