2005 No. 182 (W.15)
The Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2005
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred by sections 16(2), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990 F1 and now vested in i F2), having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after 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 safety F3, makes the following Regulations:
Functions of “the Secretary of State” 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 Food Standards Act 1999.
OJ No. L31, 1.2.2002, p.1.
Title, application and commencement1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2005, apply in relation to Wales only and come into force on 28 February 2005.
Amendments to the Plastic Materials and Articles in Contact with Food Regulations 19982
The Plastic Materials and Articles in Contact with Food Regulations 1998 F4 are amended, in so far as they apply in relation to Wales, in accordance with regulations 3 to 6.
3
In regulation 2(1) (interpretation) —
a
at the end of the definition of “Commission Directive 2002/16” add the words “
as amended by Commission Directive 2004/13/EC
”
F5;
4
In the following provisions, substitute the figure “2006” for the figure “
2005
”
a
regulation 4A(1)(a);
b
regulation 5(1)(b)(i);
c
regulation 8A(1);
d
in section A of Part I of Schedule 1, at item 40 in column 4 (restrictions and specifications).
5
In Part I of Schedule 2, at item 27A in column 4 (restrictions and specifications), after the words “For use only as a blowing
agent” add the words “
Use prohibited as from 2 August 2005
”
.
6
In regulation 10 (offences) —
a
for paragraph (19) substitute the following provision —
19
In any proceedings for an offence under regulation 3(1)(a) or (b) in relation to the requisite standards applicable to adhesives and materials and articles covered by a surface coating it shall be a defence to prove that —
a
the adhesive, material or article was brought into contact with food before 28 February 2003;
b
the date of filling (or subject to paragraph (24) of this regulation a coded indication of the date of filling) of the material or article concerned appeared on the adhesive, material or article at the time of sale; and
c
the labelling or marking with the particulars mentioned in subparagraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council.
b
omit paragraph (20);
c
immediately after paragraph (22) add —
23
In any proceedings for an offence under regulations 3(1)(a) or (b) in relation to the sale as from 2 August 2005 of a plastic material or article containing azodicarbonamide with reference number 36640 in Part I of Schedule 2 it shall be a defence to prove that—
a
the plastic material or article was brought into contact with food before 2 August 2005,
b
the date of filling (or subject to paragraph (24) of this regulation a coded indication of the date of filling) of the material or article concerned appeared on the plastic material or article at the time of sale, and
c
the labelling or marking with the particulars mentioned in subparagraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council.
24
For the purposes of paragraph (19)(b) and paragraph (23)(b) of this regulation the date signified by a coded indication shall have been made available on request to the Food Standards Agency and the enforcement authority.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F7
1990 c. 16.