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The Plastic Materials and Articles in Contact with Food (England) Regulations 2006

S.I. 2006/1401 · Made 23 May 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

FOOD, ENGLAND

Made 23rd May 2006

Laid before Parliament 2nd June 2006

Coming into force 30th June 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 1990f1, and now vested in herf2.

In accordance with section 48(4A) of that Act she has had regard to relevant advice given by the Food Standards Agency.

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 safetyf3, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Annotations to the whole text

Footnotes

f1

1990 c. 16.

f2

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28). Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act. Section 17(1) was amended by paragraph 12(a), section 17(2) by paragraph 12(b) and section 48 by paragraph 21, of Schedule 5 to the 1999 Act.

f3

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).

Contents

  1. Part 1: Preliminary
  2. 1Title, application and commencement
  3. 2Interpretation
  4. Part 2: Requirements for Materials and Articles
  5. 3Restriction on the use, sale or import of plastic materials and articles
  6. 4Restriction on the use of monomers in the manufacture of plastic materials and articles
  7. 5Restriction on the use of additives in the manufacture of plastic materials and articles
  8. 6Required standard for non-migration of constituents of monomers
  9. 7Required standard for non-migration of constituents of additives
  10. 8Required standard for products obtained by bacterial fermentation
  11. 9Required standards relating to overall migration limits
  12. 10Required standard for non-migration of primary aromatic amines
  13. 11Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
  14. 12Labelling
  15. 13Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)
  16. Part 3: Execution and Enforcement
  17. 14Enforcement
  18. 15Offences and Penalties
  19. 16General defences
  20. 17Transitional defences and savings
  21. 18Procedure where a sample is to be analysed
  22. 19Secondary analysis by the Government Chemist
  23. Part 4: Application for Authorisation
  24. 20Applications for inclusion of an additive in the Community list of authorised additives
  25. Part 5: General and Supplementary
  26. 21Application of provisions of the Act
  27. 22Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
  28. 23Amendments to the Materials and Articles in Contact with Food (England) Regulations 2005
  29. 24Revocations
  30. Signature
  31. Schedule 1: Authorised Monomers
  32. 1List of Monomers with Restrictions and Specifications
  33. Part 2: Supplementary
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. 4Paragraph 4
  38. Schedule 2: Authorised Additives
  39. 1Incomplete List of Additives Used in the Manufacture of Plastic Materials and Articles (not being Additives to which Paragraph 5 of Part 3 of this Schedule Applies)
  40. 2Incomplete List of Additives Used in the Manufacture of Plastic Materials and Articles (Being Additives to which Paragraph 5 of Part 3 of this Schedule Applies)
  41. Part 3: Supplementary
  42. 1Paragraph 1
  43. 2Paragraph 2
  44. 3Paragraph 3
  45. 4Paragraph 4
  46. 5Paragraph 5
  47. Schedule 3Products Obtained by Bacterial Fermentation
  48. Schedule 4Specifications
  49. Schedule 5: Applicable Provisions when Testing Compliance with the Migration Limits
  50. 1General Provisions
  51. 2General Provisions
  52. 3General Provisions
  53. 4General Provisions
  54. 5General Provisions
  55. 6Special provisions relating to overall migration
  56. 7Special provisions relating to overall migration
  57. 8Special provisions relating to overall migration
  58. Schedule 6: Overall and Specific Migration Testing Using Food Simulants
  59. Part 1: Basic Rules
  60. 1Paragraph 1
  61. 2Paragraph 2
  62. 3Paragraph 3
  63. 4Paragraph 4
  64. Part 2: Food Simulants to be used in Migration Testing
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. Part 3: Selection of Food Simulants
  71. 1Testing, reduction factors and definition of food types
  72. 2Testing, reduction factors and definition of food types
  73. 3Testing, reduction factors and definition of food types
  74. 4Selection of simulants for testing materials and articles intended for contact with all food types
  75. 5Selection of simulants for testing materials and articles which are already in contact with a known food
  76. 6Selection of simulants for testing materials and articles which are accompanied by a specific indication
  77. 7Selection of simulants for testing materials and articles which are accompanied by a specific indication
  78. 8Selection of simulants for testing materials and articles which are accompanied by a specific indication
  79. Part 4: Simulants to be used in relation to a Specific Food or Group of Foods
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. Part 5: Migration Test Conditions (Times and Temperatures)
  86. 1General criteria
  87. 2General criteria
  88. 3General criteria
  89. 4Volatile migrants
  90. 5Special cases
  91. 6Special cases
  92. 7Special cases
  93. 8Special cases
  94. Part 6: Substitute Fat Test for Overall and Specific Migration
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. Part 7: Alternative Fat Tests for Overall and Specific Migration
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. Explanatory note