The Materials and Articles in Contact with Food (Scotland) Regulations 2005

JurisdictionScotland
(1) These Regulations may be cited as the Materials and Articles in Contact with Food (Scotland) Regulations 2005 and shall come into force on 21st May 2005.(2) These Regulations extend to Scotland only.(1) In these Regulations–
  • the Act” means the Food Safety Act 1990;
  • the Agency” means the Food Standards Agency;
  • “import” means import in the course of a business from a place other than a member State;
  • “plastics” means those materials and articles to which Commission Directive 2002/72/EC relating to plastic materials intended to come into contact with foodstuffs, as corrected by a corrigendum published on 13th February 2002 and as amended by Commission Directive 2004/1/EC and Commission Directive 2004/19/EC applies;
  • “preparation” in relation to food includes manufacture and any form of treatment or process;
  • “regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose;
  • “the 1998 Regulations” means the Plastic Materials and Articles in Contact with Food Regulations 1998;
  • “the Community Regulation” means 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; and
  • “sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly.
(2) Any reference in these Regulations to a numbered Article is a reference to the Article bearing that number in the Community Regulation.(3) Expressions used both in these Regulations and the Community Regulation have the same meaning in these Regulations as they have in the Community Regulation.
  • These Regulations do not apply to those materials and articles specified in Article 1.3.
  • Article 3 (general requirements) ;
  • Article 4 (special requirements for active and intelligent materials and articles) ;
  • Article 11.4 and 11.5 (provisions relating to Community authorisation) ;
  • Article 15.1, 15.2, 15.3, 15.4, 15.7 and 15.8 (labelling) ;
  • Article 16.1 (declaration of compliance) ; and
  • on or after 27th October 2006, Article 17.2 (traceability) .
  • Article 9 shall be
  • Articles 16.1 and 17.2 shall be
  • shall not contain vinyl chloride monomer in a quantity exceeding 1 milligram per kilogram of the material or article as measured by the method of analysis specified in regulation 7(1) ; andshall be manufactured in such a way that they do not transfer to foods with which they are in contact any quantity of vinyl chloride exceeding 0.01 milligrams of vinyl chloride per kilogram of the food as measured by the method of analysis specified in regulation 7(2) .sell;import; oruse in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,(1) The method used in analysing any sample for the purpose of establishing the quantity of vinyl chloride monomer present in the material or article in order to determine whether it complies with regulation 6(1) (a) shall be the method specified in the Annex to Commission Directive No.80/766/EEC laying down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs.(2) The method used in analysing any food for the purpose of establishing the quantity of vinyl chloride present in the food in order to determine whether a material or article which is or has been in contact with the food complies with regulation 6(1) (b) shall be the method specified in the Annex to Commission Directive No.81/432/EEC laying down the Community method of analysis for the official control of vinyl chloride released by material and articles into foodstuffs.constitutes a finished product in itself; oris part of a finished product containing other materials,(2) Any reference in this regulation to Annex II is a reference to Annex II to Directive 93/10/EEC relating to materials and articles made of regenerated cellulose film intended to come into contact with food as amended by Commission Directive 93/111/EC and Commission Directive 2004/14/EC.uncoated film; orcoated film where the coating is derived from cellulose; orin the first column of the First Part of Annex II in the case of film to be coated, where the coating will consist of plastics;(4) No person shall manufacture any coating to be applied to film referred to in paragraph (3) (b) using any substance or group of substances other than the substances listed in Schedules 1, 2 or 2A to the 1998 Regulations and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Regulations and in

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