The Plastic Materials and Articles in Contact with Food (Scotland) (No. 2) Regulations 2006

Scottish Statutory Instrument 2006 No. 517 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 25 October 2006
In force from: 19 November 2006
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No. 178/2002, Food Safety Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which extend to Scotland only, revoke the Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2006 (“the No. 1 Regulations”), and re-enact those Regulations with certain changes. The main changes are– a an amendment to the definition of “the Directive” to include the amendments made by Commission Directive 2005/79/EC, introducing new provisions relating to PVC gaskets containing epoxidised soybean oil and makes widespread changes to the Annexes containing lists of authorised monomers and other starting substances and additives; b provision for a transitional defence relating to the use of epoxidised soybean oil in PVC gaskets; and c the replacement of most of the content of Schedules 1 to 4 of the No. 1 Regulations by the incorporation, by reference to Annexes of Commission Directive 2002/72/EC as amended, of the specifications and lists of authorised substances formerly contained in those Schedules. The Regulations in Part 2– a prohibit specified activities in relation to any plastic material or article (as defined in regulation 2) which fails to meet the appropriate required standards set out in the Regulations (regulation 3); b prohibit the use of monomers and additives in the manufacture of plastic materials and articles other than in accordance with specified conditions (regulation 4 and Schedule 1 in the case of monomers and regulation 5 and Schedule 1 in the case of additives); c specify the required standards relating to the capability of a monomer or an additive to confer its constituents to food (regulation 6 for monomers and regulation 7 for additives); d specify the required standard for products obtained by bacterial fermentation (regulation 8); e specify the required standard relating to overall migration limits from plastic materials or articles to food (regulation 9); f specify the required standards relating to the migration of primary aromatic amines from plastic materials or articles to food (regulation 10); g specify the methods for determining the capability of a plastic material or article to transfer its constituents to food, and for detecting the presence of any such constituents in food (regulation 11 and Schedules 2 & 3); h provide that prior to the retail stage plastic materials and articles must be accompanied by certain specified written information, including a declaration of legislative compliance (regulation 12); i provide for the execution and enforcement of Regulation 1895/2005 (O.J. No. L 302, 19.11.05, p.28), which contains Community provisions relating to the epoxy derivatives known as BADGE, BFDGE and NOGE (regulation 13). The Regulations in Part 3– a provide for enforcement (regulation 14); b specify offences and penalties (regulation 15); c provide for defences to offences under regulation 15 (regulation 16); d provide a transitional defence relating to the sale of glass jars that contain certain foods for infants and young children and that have been sealed with a PVC gasket containing epoxidised soybean oil (regulation 17); e provide for other transitional defences in relation to certain plastic materials or articles that have already been manufactured or put into circulation in advance of a change in the law that would otherwise have made their manufacture or circulation unlawful (regulation 18); f specify the procedure to be followed when sending a sample for analysis (regulation 19); g make provision for a reference sample to be analysed by the Government Chemist (regulation 20). The Regulations in Part 4 set out the procedure to be followed and the time limit to be observed when applying to the European Food Safety Authority for the authorisation of a new additive (regulation 21). The Regulations in Part 5_ a apply sections of the Food Safety Act 1990 (regulation 22); and b make consequential amendments and revocations (regulations 23, 24 and 25). The principal Directives implemented by these Regulations are– a Council Directive 82/711/EEC (O.J. No. L 297, 23.10.82, p.26) laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs, as amended by Commission Directives 93/8/EEC (O.J. No. L 90, 14.4.93, p.22) and 97/48/EC (O.J. No. L 222, 12.8.97, p.10); b Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs (O.J. No. L 372, 31.12.85, p.14); c Commission Directive 2002/72/EC (O.J. no. L 220, 15.8.02, p.18) relating to plastic materials and articles intended to come into contact with foodstuffs, as amended by Commission Directives 2004/1/EC (O.J. No. L 7, 13.1.04, p.45), 2004/19/EC (O.J. No. L 71, 10.3.04, p.8) and 2005/79/EC (O.J. No. L 302, 19.11.05, p.35). A full regulatory impact assessment of the effect that this instrument will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

Offences created by this instrument

Any person who– a contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(1) or 13(2) to (5); b… regulation 15(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

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