UK Offence Report

The Ceramic Articles in Contact with Food (England) Regulations 2006 (revoked)

UK Statutory Instrument 2006 No. 1179 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 April 2006
In force from
20 May 2006
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, Consumer Protection Act 1987, Food Safety Act 1990, In accordance with section 11(5) of the Consumer Protection Act 1987, 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 apply to ceramic articles which are intended to come into contact with food. They set limits on the amount of lead and cadmium which may be transferred from such articles together with requirements for testing for such transfer (migration) and require ceramic articles to be accompanied at the marketing stages by certificates of compliance. These Regulations implement Council Directive 84/500/EEC on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs (O.J. L.277 of 20.10.84 p.12) as amended by Commission Directive 2005/31/EC regarding a declaration of compliance and performance criteria of the analytical method for ceramic articles intended to come into contact with foodstuffs (O.J. L.110 of 30.4.05 p.36). The former Directive was previously implemented by the Ceramic Ware (Safety) Regulations 1988 (S.I. 1988/1647) which these Regulations revoke in respect of England, Wales and Northern Ireland. The 1988 Regulations applied to the United Kingdom. These Regulations apply to England. Corresponding Regulations are being made for Northern Ireland, Scotland and Wales. Regulation 2 defines “ceramic article”. Regulation 3 and Schedule 1 limit the quantities of lead and cadmium which may be transferred by a ceramic article and Schedule 2 sets out how tests for such transfer (migration) are to be carried out. Regulation 4 requires a written declaration of compliance to accompany a ceramic article or articles not yet in contact with food at all marketing stages up to the retail stage. The details of the declaration are set out in Schedule 3. The regulation also requires a manufacturer, or importer into the Community, to keep appropriate documentation to show that the article or articles comply with the requirements of Schedule 1. Regulation 5 provides that the Regulations are to be enforced by food authorities and port health authorities in their respective areas or districts. Regulation 6 sets out the penalties for failure to comply with the Regulations and the defences that are available. Regulation 7 sets out the provisions of the Food Safety Act 1990 which are applied for the purposes of the Regulations. A full regulatory impact assessment of the effect that this instrument will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET.

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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