# The Plastic Materials and Articles in Contact with Food (Wales) Regulations 2006, Regulation 17: Transitional defence relating to PVC gaskets containing epoxidised soybean oil


(1) In any proceedings for an offence under regulation 3 concerning the sale of a glass jar—
(a) which contains
(i) infant formula or follow-on formula as defined by Commission Directive 91/321/EC, or
(ii) processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive 96/5/EC, and
(b) the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No.88640 in Section A of Annex III,
it is a defence to prove the matters set out in paragraph (2)
(2) The matters to be proved are that —
(a) the glass jar was filled and sealed before 19th November 2006;
(b) the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and
(c) the labelling or marking with the particulars mentioned in sub-paragraph (b) at the time of sale complied with the requirements relating to durability in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council.
(3) No person may without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(b).

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Source: https://www.legislation.gov.uk/wsi/2006/2982/regulation/17 (the official version)
Page: https://openlegislation.uk/plastic-materials-and-articles-in-contact-with-food-wales-regulations-2006/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.