The Plastic Materials and Articles in Contact with Food (Amendment) (No. 2) Regulations 1996

Made: 7th November 1996

Laid before Parliament: 18th November 1996

Coming into force: 1st January 1997

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(2), 17(1), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 1990[^f00001], and of all other powers enabling them in that behalf; the Minister of Agriculture, Fisheries and Food and the Secretary of State being Ministers designated[^f00002] for the purposes of section 2(2) of the European Communities Act 1972[^f00003] in relation to materials and articles in contact with food or drink or intended for such contact, acting jointly, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf; and after consultation in accordance with section 48(4) of the said Act of 1990 with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations (in so far as the Regulations are made in exercise of the powers conferred by that Act), hereby make the following Regulations:

Title, commencement and interpretation

1

• (1) These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (No. 2) Regulations 1996 and shall come into force on 1st January 1997.

• (2) In these Regulations “the principal Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 1992.[^f00004]

Amendment of the principal Regulations

2

The principal Regulations shall be amended as follows:

• (a) in the definition of “the Directive” in regulation 2(1), for the words “as amended” there shall be substituted the words “, (as corrected) and as amended by Commission Directives 92/39/EEC, 93/9/EEC, 95/3/EC and 96/11/EC”;[^f00005]

• (b) in regulation 5 (monomers) —

• (i) in paragraph (1) —

• (A) after the words “the following paragraphs of this regulation” there shall be inserted the words “and regulation 14A”,

• (B) in sub-paragraph (a), for the date “1st January 1997” there shall be substituted the date “1st January 2002”, and

• (C) in sub-paragraph (b), for the date “31st December 1996” there shall be substituted the date “31st December 2001”;

• (ii) in paragraphs (3), (4), (5) and (6), after the words “the relevant fraction of”(wherever they occur) there shall be added the words “, or section F of,”;

• (c) after regulation 14 there shall be inserted the following regulation —

(14A) Notwithstanding regulation 5(1),until lst January 1999 a plastic material or article may be manufactured using one or more of the monomers identified by PM/REF No., CAS No. (if any) and name respectively in columns 1, 2, 3 of Section F of Part I of Schedule l, if any such monomer is of good technical quality and is used in accordance with the restrictions (if any) specified in the corresponding entry in column 4 thereof.

• (d) the Item number and letter, PM/REF No., CAS No. and name for each monomer identified in Schedule 1 to these Regulations shall be inserted in Section A of Part 1 of Schedule 1 (monomers authorised without time limit) at the place corresponding to the number and letter specified for that monomer in the column headed “Item” in Schedule l to these Regulations;

• (e) the contents of Schedule 2 to these Regulations shall be substituted for Section B of Part 1 of Schedule 1;

• (f) in Section D of Part 1 of Schedule l (monomers authorised until 1st April 1996), in Item 16, for the figures “51” and “115” in column 4 (restrictions) there shall be substituted the figures “17” and “58” respectively;

• (g) the contents of Schedule 3 to these Regulations shall be inserted after Section E of Part 1 of Schedule 1; and

• (h) the Item number and letter, PM/REF No., CAS No. (if any) and name for each additive identified in Schedule 4 to these Regulations shall be inserted in Part I of Schedule 3 (additives) at the place corresponding to the number and letter specified for that additive in the column headed “Item” in Schedule 4 to these Regulations.

SCHEDULE 1 — ADDITIONAL MONOMERS AUTHORISED WITHOUT TIME LIMIT

SCHEDULE 2 — NEW SECTION B SUBSTITUTED IN PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

SCHEDULE 3 — NEW SECTION F INSERTED IN PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

SCHEDULE 4 — ADDITIONAL ADDITIVES

Signed

Angela Browning — Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food — 5th November 1996

Signed by authority of the Secretary of State for Health

Cumberlege — Parliamentary Under Secretary of State, — 7th November 1996

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, — 5th November 1996

Lindsay — Parliamentary Under Secretary of State, — 4th November 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, amend the Plastic Materials and Articles in Contact with Food Regulations 1992, as amended (“the principal Regulations”) and implement Commission Directive 96/11/EC (OJ No. L61, 12.3.96, p.26), amending Directive 90/128/EEC (OJ No. L75, 21.3.90, p.19,) as read with the corrigendum in OJ No. L349, 13.12.90, p.26) relating to plastic materials and articles intended to come into contact with foodstuffs.

The Regulations —

• (a) modify the prohibition in regulation 5(1) of the principal Regulations on manufacture of plastic materials and articles before and after specified dates, using monomers other than those specified, by substituting later dates (regulation 2(b)(i)(B) and (C));

• (b) permit, until 1st January 1999, the manufacture of plastic materials and articles, using monomers specified in Section F (as inserted by regulation 2(g) and Schedule 3 into Part 1 of Schedule 1 to the principal Regulations), (regulation 2(c));

• (c) add specified monomers to those monomers authorised without time limit specified in Section A of Part I of Schedule 1 to the principal Regulations (regulation 2(d) and Schedule 1);

• (d) substitute for the list of monomers in Section B of Part I of Schedule 1 to the principal Regulations (monomers authorised up to the end of 1996) an amended list, omitting certain monomers previously included, those remaining being authorised up to the end of 2001 (regulation 2(e) and Schedule 2);

• (e) add specified additives to those which are specified in Part I of Schedule 3 to the principal Regulations, and which it is prohibited to use, if they are not of good technical quality, in the manufacture of plastic materials and articles, (regulation 2(h) and Schedule 4); and

• (f) make consequential amendments to the principal Regulations (regulation 2(a), 2(b)(i)(A) and (ii), and (f)).

A compliance cost assessment of the effect that this Instrument would have on the cost of business, is available from Food Contaminants Division B of the Ministry of Agriculture, Fisheries and Food, Ergon House, 17 Smith Square, London SW1P 3JR.

Footnotes

[^f00001]: 1990 c. 16; "the Ministers" is defined in section 4(1) of the Act.

[^f00002]: S.I. 1976/2141.

[^f00003]: 1972 c. 68.

[^f00004]: S.I. 1992/3145, amended by S.I. 1995/360 and S.I. 1996/694.

[^f00005]: Corrigendum in OJ No. L349, 13.12.90, p.26; amending Directives in OJ No. L168, 23.6.92, p.21, OJ No. L90, 14.3.93, p.26, OJ No. L41, 23.2.95, p.44 and OJ No. L61, 12.3.96, p.26.