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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

Not fully up to date. 105 changes made by later legislation have not yet been written into this text, which is revised to 19 March 2008.

See the changes not yet applied
ProvisionChangeMade by
Sch. 3 Pt. 4 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 6 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 6 para. 6coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 7 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 7 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 7 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 6coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 7coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 4 para. 8coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 6coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 7coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 8coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 9coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 10coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 11coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 12coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 13coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 14coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 15coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 16coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 17coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 18coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 19coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 20coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 21coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 22coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 23coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 24coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 25coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 26(a)(b)coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 26(c)coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(a)
Sch. 1 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 1 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 1 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 1 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 1 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 6coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 7coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 8coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 9coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 10coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 11coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 12coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 2 para. 13coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 1 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 1 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 1 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 1 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 2 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 2 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 2 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 2 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 2 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 6coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 7coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 3 para. 8coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 4 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 4 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 4 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 4 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 5coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 6coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 7coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 5 para. 8coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 6 para. 1coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 6 para. 2coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 6 para. 3coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
Sch. 3 Pt. 6 para. 4coming into forcePlastic Materials and Articles in Contact with Food 2008 reg. 1(1)(b)
reg. 9(3)word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
reg. 19(3)(a)substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(2)
reg. 26(c)omittedPlastic Materials and Articles in Contact with Food 2008 reg. 2(3)
Sch. 2 para. 6(1)word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 2 para. 9word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 3 Pt. 3 para. 3word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 3 Pt. 3 para. 4word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 3 Pt. 4 para. 4word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 3 Pt. 6 para. 1word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 3 Pt. 7 para. 1word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
Sch. 3 Pt. 7 para. 3word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
reg. 2(1)word substitutedPlastic Materials and Articles in Contact with Food 2008 reg. 2(4)
RegulationsrevokedPlastic Materials and Articles in Contact with Food 2009 reg. 24(a)

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 Not yet in force
  2. 1Citation, commencement and extent Not yet in force
  3. 2Interpretation Not yet in force
  4. Part 2: Requirements for Plastic Materials and Articles Not yet in force
  5. 3Restriction on the use, sale or import of plastic materials and articles Not yet in force
  6. 4Restriction on the use of monomers in the manufacture of plastic materials and articles Not yet in force
  7. 5Restriction on the use of additives in the manufacture of plastic materials and articles Not yet in force
  8. 6Required standard for non migration of constituents of monomers Not yet in force
  9. 7Required standard for non migration of constituents of additives Not yet in force
  10. 8Required standard for products obtained by bacterial fermentation Not yet in force
  11. 9Required standards relating to overall migration limits Not yet in force
  12. 10Required standard for non migration of primary aromatic amines Not yet in force
  13. 11Required standard relating to plastic multi-layer materials and articles Not yet in force
  14. 12Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE) Not yet in force
  15. 13Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis Not yet in force
  16. 14Labelling and documentation Not yet in force
  17. Part 3: Execution and Enforcement Not yet in force
  18. 15Enforcement Not yet in force
  19. 16Offences and Penalties Not yet in force
  20. 17General defences Not yet in force
  21. 18Transitional defence relating to PVC gaskets containing epoxidised soybean oil Not yet in force
  22. 19Other transitional defences and savings Not yet in force
  23. 20Procedure where a sample is to be analysed Not yet in force
  24. 21Secondary analysis by the Government Chemist Not yet in force
  25. Part 4: Application for Authorisation Not yet in force
  26. 22Applications for inclusion of an additive in the Community list of authorised additives Not yet in force
  27. Part 5: General and Supplementary Not yet in force
  28. 23Application of provisions of the Act Not yet in force
  29. 24Amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 Not yet in force
  30. 25Amendments to the Materials and Articles in Contact with Food (Scotland) Regulations 2007 Not yet in force
  31. 26Revocations Not yet in force
  32. Signature
  33. Schedule 1: Supplementary Provisions Relating to Annexes II and III Not yet in force
  34. 1Paragraph 1 Not yet in force
  35. 2Paragraph 2 Not yet in force
  36. 3Paragraph 3 Not yet in force
  37. 4Paragraph 4 Not yet in force
  38. 5Paragraph 5 Not yet in force
  39. Schedule 2: Provisions Applicable when Testing Compliance with the Migration Limits Not yet in force
  40. 1General Provisions Not yet in force
  41. 2General Provisions Not yet in force
  42. 3General Provisions Not yet in force
  43. 4General Provisions Not yet in force
  44. 5General Provisions Not yet in force
  45. 6Special provisions relating to the fat reduction factor Not yet in force
  46. 7Special provisions relating to the fat reduction factor Not yet in force
  47. 8Special provisions relating to the fat reduction factor Not yet in force
  48. 9Special provisions relating to the correction of specific migration in stimulant D Not yet in force
  49. 10Special provisions relating to overall migration Not yet in force
  50. 11Special provisions relating to overall migration Not yet in force
  51. 12Special provisions relating to overall migration Not yet in force
  52. 13Special provisions relating to caps, lids, gaskets, stoppers and similar sealing articles Not yet in force
  53. Schedule 3: Overall and Specific Migration Testing Using Food Simulants Not yet in force
  54. Part 1: Basic Rules Not yet in force
  55. 1Paragraph 1 Not yet in force
  56. 2Paragraph 2 Not yet in force
  57. 3Paragraph 3 Not yet in force
  58. 4Paragraph 4 Not yet in force
  59. Part 2: Food Simulants to be used in Migration Testing Not yet in force
  60. 1Paragraph 1 Not yet in force
  61. 2Paragraph 2 Not yet in force
  62. 3Paragraph 3 Not yet in force
  63. 4Paragraph 4 Not yet in force
  64. 5Paragraph 5 Not yet in force
  65. Part 3: Selection of Food Simulants Not yet in force
  66. 1Testing, reduction factors and definition of food types Not yet in force
  67. 2Testing, reduction factors and definition of food types Not yet in force
  68. 3Testing, reduction factors and definition of food types Not yet in force
  69. 4Selection of simulants for testing materials and articles intended for contact with all food types Not yet in force
  70. 5Selection of simulants for testing materials and articles which are already in contact with a known food Not yet in force
  71. 6Selection of simulants for testing materials and articles which are accompanied by a specific indication Not yet in force
  72. 7Selection of simulants for testing materials and articles which are accompanied by a specific indication Not yet in force
  73. 8Selection of simulants for testing materials and articles which are accompanied by a specific indication Not yet in force
  74. Part 4: Simulants to be used in relation to a Specific Food or Group of Foods Not yet in force
  75. 1Paragraph 1 Not yet in force
  76. 2Paragraph 2 Not yet in force
  77. 3Paragraph 3 Not yet in force
  78. 4Paragraph 4 Not yet in force
  79. 5Paragraph 5 Not yet in force
  80. Part 5: Migration Test Conditions (Times and Temperatures) Not yet in force
  81. 1General criteria Not yet in force
  82. 2General criteria Not yet in force
  83. 3General criteria Not yet in force
  84. 4Volatile migrants Not yet in force
  85. 5Special cases Not yet in force
  86. 6Special cases Not yet in force
  87. 7Special cases Not yet in force
  88. 8Special cases Not yet in force
  89. Part 6: Substitute Fat Test for Overall and Specific Migration Not yet in force
  90. 1Paragraph 1 Not yet in force
  91. 2Paragraph 2 Not yet in force
  92. 3Paragraph 3 Not yet in force
  93. 4Paragraph 4 Not yet in force
  94. 5Paragraph 5 Not yet in force
  95. 6Paragraph 6 Not yet in force
  96. Part 7: Alternative Fat Tests for Overall and Specific Migration Not yet in force
  97. 1Paragraph 1 Not yet in force
  98. 2Paragraph 2 Not yet in force
  99. 3Paragraph 3 Not yet in force
  100. Schedule 4: Information to be contained in a declaration of compliance Not yet in force
  101. 1Paragraph 1 Not yet in force
  102. 2Paragraph 2 Not yet in force
  103. 3Paragraph 3 Not yet in force
  104. 4Paragraph 4 Not yet in force
  105. 5Paragraph 5 Not yet in force
  106. 6Paragraph 6 Not yet in force
  107. 7Paragraph 7 Not yet in force
  108. 8Paragraph 8 Not yet in force
  109. Explanatory note