The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2008
S.S.I. 2008/127 · Made 19 March 2008 · Extends to Scotland
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
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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
- Part 1: Preliminary Not yet in force
- 1Citation, commencement and extent Not yet in force
- 2Interpretation Not yet in force
- Part 2: Requirements for Plastic Materials and Articles Not yet in force
- 3Restriction on the use, sale or import of plastic materials and articles Not yet in force
- 4Restriction on the use of monomers in the manufacture of plastic materials and articles Not yet in force
- 5Restriction on the use of additives in the manufacture of plastic materials and articles Not yet in force
- 6Required standard for non migration of constituents of monomers Not yet in force
- 7Required standard for non migration of constituents of additives Not yet in force
- 8Required standard for products obtained by bacterial fermentation Not yet in force
- 9Required standards relating to overall migration limits Not yet in force
- 10Required standard for non migration of primary aromatic amines Not yet in force
- 11Required standard relating to plastic multi-layer materials and articles Not yet in force
- 12Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE) Not yet in force
- 13Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis Not yet in force
- 14Labelling and documentation Not yet in force
- Part 3: Execution and Enforcement Not yet in force
- 15Enforcement Not yet in force
- 16Offences and Penalties Not yet in force
- 17General defences Not yet in force
- 18Transitional defence relating to PVC gaskets containing epoxidised soybean oil Not yet in force
- 19Other transitional defences and savings Not yet in force
- 20Procedure where a sample is to be analysed Not yet in force
- 21Secondary analysis by the Government Chemist Not yet in force
- Part 4: Application for Authorisation Not yet in force
- 22Applications for inclusion of an additive in the Community list of authorised additives Not yet in force
- Part 5: General and Supplementary Not yet in force
- 23Application of provisions of the Act Not yet in force
- 24Amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 Not yet in force
- 25Amendments to the Materials and Articles in Contact with Food (Scotland) Regulations 2007 Not yet in force
- 26Revocations Not yet in force
- Signature
- Schedule 1: Supplementary Provisions Relating to Annexes II and III Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- Schedule 2: Provisions Applicable when Testing Compliance with the Migration Limits Not yet in force
- 1General Provisions Not yet in force
- 2General Provisions Not yet in force
- 3General Provisions Not yet in force
- 4General Provisions Not yet in force
- 5General Provisions Not yet in force
- 6Special provisions relating to the fat reduction factor Not yet in force
- 7Special provisions relating to the fat reduction factor Not yet in force
- 8Special provisions relating to the fat reduction factor Not yet in force
- 9Special provisions relating to the correction of specific migration in stimulant D Not yet in force
- 10Special provisions relating to overall migration Not yet in force
- 11Special provisions relating to overall migration Not yet in force
- 12Special provisions relating to overall migration Not yet in force
- 13Special provisions relating to caps, lids, gaskets, stoppers and similar sealing articles Not yet in force
- Schedule 3: Overall and Specific Migration Testing Using Food Simulants Not yet in force
- Part 1: Basic Rules Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Part 2: Food Simulants to be used in Migration Testing Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- Part 3: Selection of Food Simulants Not yet in force
- 1Testing, reduction factors and definition of food types Not yet in force
- 2Testing, reduction factors and definition of food types Not yet in force
- 3Testing, reduction factors and definition of food types Not yet in force
- 4Selection of simulants for testing materials and articles intended for contact with all food types Not yet in force
- 5Selection of simulants for testing materials and articles which are already in contact with a known food Not yet in force
- 6Selection of simulants for testing materials and articles which are accompanied by a specific indication Not yet in force
- 7Selection of simulants for testing materials and articles which are accompanied by a specific indication Not yet in force
- 8Selection of simulants for testing materials and articles which are accompanied by a specific indication Not yet in force
- Part 4: Simulants to be used in relation to a Specific Food or Group of Foods Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- Part 5: Migration Test Conditions (Times and Temperatures) Not yet in force
- 1General criteria Not yet in force
- 2General criteria Not yet in force
- 3General criteria Not yet in force
- 4Volatile migrants Not yet in force
- 5Special cases Not yet in force
- 6Special cases Not yet in force
- 7Special cases Not yet in force
- 8Special cases Not yet in force
- Part 6: Substitute Fat Test for Overall and Specific Migration Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- Part 7: Alternative Fat Tests for Overall and Specific Migration Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- Schedule 4: Information to be contained in a declaration of compliance Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- Explanatory note