UK Offence Report

The Materials and Articles in Contact with Food (Scotland) Regulations 2010 (revoked)

Scottish Statutory Instrument 2010 No. 327 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
15 September 2010
In force from
20 October 2010
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, European Communities Act 1972, Food Safety Act 1990, In accordance with section 48(4A) of the 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 revoke the Materials and Articles in Contact with Food (Scotland) Regulations 2007 (S.S.I. 2007/471) (“the 2007 Regulations”) and re-enact, with certain amendments relating to active and intelligent materials and articles, provisions contained in those Regulations. These Regulations provide for the enforcement of Regulation (EC) No.1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (O.J. No. L338, 13.11.2004, p.4) (“Regulation 1935/2004”). The Regulations also provide for— a the enforcement of Commission Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food (O.J.No.L384, 29.12.2006, p.75) (“Regulation 2023/2006”); b the implementation of Commission Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (O.J. No. L172, 30.6.2007, p.71) (“Directive 2007/42”). This Directive repealed and consolidated Commission Directive 93/10/EEC (O.J. No. L93, 17.4.1993, p.27) as last amended by Commission Directive 2004/14/EC (O.J. No. L27, 30.1.2004, p.48); and c the enforcement of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food (O.J. No. L135, 30.5.2009, p.3) (“Regulation 450/2009”). These Regulations provide that references to a certain EU instrument or specified parts of certain EU instruments are to be construed as references to the instrument or specified part of it as it may be amended from time to time (regulation 2(3)). These Regulations do not apply to materials or articles outside the scope of Regulation 1935/2004 (regulation 3). The materials identified in that Regulation as being outside its scope are materials and articles supplied as antiques, covering or coating materials forming part of the food and which may be consumed with it, and fixed public or private water supply equipment. Part 2 of these Regulations contains provisions which make it an offence to contravene certain requirements of Regulation 1935/2004 (regulation 4), Regulation 2023/2006 (regulation 5) and Regulation 450/2009 (regulation 6). Regulation 1935/2004 is the principal framework Regulation on materials and articles in contact with food. This Part also provides for designation of the competent authorities for the various purposes identified in Regulations 1935/2004, 2023/2006 and 450/2009 (regulation 7). Part 3 consists of regulations which re-enact, without amendment, the provisions of the 2007 Regulations relating to vinyl chloride (regulations 8 and 9). Part 4 contains regulations which re-enact, without amendment, provisions of the 2007 Regulations relating to regenerated cellulose film (“RCF”) (regulations 10, 11 and 12). In particular, regulation 10 of these Regulations— a controls what substances may be used in the manufacture of RCF, which may vary according to whether or not it is coated with plastics (paragraph (3)); b regulates what substances may be used to manufacture plastic coatings for RCF, and under what conditions (paragraph (4)); c creates a conditional derogation from paragraph (3) in respect of substances used as colourants or adhesives in the manufacture of non-plastic coated RCF (paragraph (5)); d creates offences in relation to the sale, import or business use of non-compliant RCF (paragraphs (6) & (7)); and e creates a conditional requirement for RCF, when marketed prior to the retail stage, to be accompanied by a declaration of legislative compliance (paragraph (8)). Regulation 11 applies to plastic coated RCF the existing controls (derived from Commission Directive 2002/72/EC) on migration of constituents of plastic materials and articles into food, in particular by— a specifying overall migration limits for plastic coated RCF (paragraphs (1) & (2)); b applying to plastic coated RCF the specific migration limits applicable to certain substances used in the manufacture of plastic materials and articles (paragraphs (3) & (4)); and c applying the prescribed methods and procedures for checking compliance with migration limits (paragraphs (5) & (6)). Regulation 12 contains a saving and transitional provision which provides a defence in relation to RCF manufactured in or imported into the European Community before 29th January 2006. Part 5 contains general administrative and enforcement provisions which— a penalise contravention of these Regulations or obstruction of those enforcing them (regulation 13); b designate enforcement authorities for various functions under the Regulations (regulation14); c provide that individuals responsible for the actions of a corporate body or a Scottish partnership may also be prosecuted for offences committed by that body or partnership (regulation 15); d provide for the prosecution of a person who causes the commission of an offence by another person, whether or not proceedings are taken against the original offender (regulation 16); e specify a time limit for commencing a prosecution (regulation 17); f provide for a defence of due diligence to an offence under these Regulations (regulation18); g specify the procedure to be followed when sending a sample for analysis (regulation 19); h make provision for a reference sample to be analysed by the Laboratory of the Government Chemist (regulation 20); i apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 21); j make consequential amendments to the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation22) and the Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009 (regulation23); k make an amendment to the Food Labelling Regulations 1996 (regulation 24); and l revoke the 2007 Regulations, regulation23 of the 2009 Regulations and the Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2009 (regulation 25) A full business regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations will have on the costs of business and the voluntary sector, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Foods Standards Agency Scotland, 6thFloor, St Magnus House, 25Guild Street, Aberdeen, AB116NJ.

Offences created by this instrument

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.

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