The Materials and Articles in Contact with Food (Wales) Regulations 2007
| Jurisdiction | Wales |
| Citation | SI 2007/3252 (W287) |
| Year | 2007 |
2007 No. 3252 (W.287)
FOOD, WALES
The Materials and Articles in Contact with Food (Wales) Regulations 2007
Made 13th November 2007
Laid before the National Assembly for Wales 14th November 2007
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a), (2)(a) and (3), and 48(1) of the Food Safety Act 19901, as read with paragraph 1A of Schedule 2 to the European Communities Act 19722.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for certain references to a Community instrument or to an Annex to a Community instrument as specified in regulation 2(4) to be construed as references to that instrument or Annex as amended from time to time.
In accordance with section 48(4A) of the 1990 Act they have had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No. 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
PART 1
Preliminary
Title, application and commencement
1. The title of these Regulations is the Materials and Articles in Contact with Food (Wales) Regulations 2007, apply in relation to Wales and come into force —
(a) for the purposes of regulations 5, 7 and 14(3), on 1st August 2008; and
(b) for all other purposes, on 6 December 2007.
Interpretation
2.—(1) In these Regulations —
“the Act” (“the Act”) means the Food Safety Act 1990;
“the 2006 Regulations” (“Rheoliadau 2006”) means the Plastic Materials and Articles in Contact with Food (Wales) Regulations 20064;
“Directive 2002/72/EC” (“Cyfarwyddeb 2002/72/EC”) means Commission Directive 2002/72/ECrelating to plastic materials and articles intended to come into contact with foodstuffs5;
“Directive 2007/42/EC” (“Cyfarwyddeb 2007/42/EC”) means Commission Directive 2007/42/ECrelating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs6;
“Regulation 1935/2004” (“Rheoliad 1935/2004”) means Regulation (EC) No. 1935/2004of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EECand 89/109/EEC7;
“Regulation 2023/2006” (“Rheoliad 2023/2006”) means Commission Regulation (EC) No. 2023/2006on good manufacturing practice for materials and articles intended to come into contact with food8;
“authorised officer” (“swyddog awdurdodedig”) means any person, whether or not an officer of the authority having responsibility for execution and enforcement under regulation 14, who is authorised by that authority in writing to act in matters arising under these Regulations;
“food authority” (“awdurdod bwyd”) has the same meaning as in section 5(1A) of the Act but does not include port health authorities
“import” (“mewnforio”) means import in the course of a business from a place other than a Member State;
“plastics” (“plastigion”) means those materials and articles to which Directive 2002/72/EC applies;
“port health authority” (“awadurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“preparation” (“paratoad”) includes manufacture and any form of treatment or process, and “prepare” is to be construed accordingly;
“regenerated cellulose film” (“caen cellwlos atgynyrchiedig”) 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;
“sell” (“gwerthu”) includes offer or expose for sale or have in possession for sale, and “sale” and “sold” is to be construed accordingly.
(2) Except in regulations 5 and 7, any reference in these Regulations to a numbered Article is a reference to the Article bearing that number in Regulation 1935/2004.
(3) Expressions used in these Regulations and in Regulation 1935/2004 or Regulation 2023/2006 bear the same meaning in these Regulations as they bear in those Regulations.
(4) Any reference to Regulation 2023/2006 or to an Annex of Directive 2002/72/EC or of Directive 2007/42/EC is a reference to that Regulation or that Annex as amended from time to time.
Scope
3. The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3).
PART 2
General Requirements for Materials and Articles
Enforcement of Regulation 1935/2004
4. Subject to the provisions of Article 27 (transitional arrangements), any person who contravenes any of the following provisions of Regulation 1935/2004 is guilty of an offence —
(a) Article 3 (general requirements);
(b) Article 4 (special requirements for active and intelligent materials and articles);
(c) Article 11(4) and (5) (provisions relating to Community authorisation);
(d) Article 15(1), (2), (3), (4), (7) and (8) (labelling);
(e) Article 16(1) (declaration of compliance);
(f) Article 17(2) (traceability).
Enforcement of Regulation 2023/2006
5. Any person who fails to comply with the requirements of Article 4 (conformity with good manufacturing practice) of Regulation 2023/2006 is guilty of an offence.
Competent authorities for the purposes of Regulation 1935/2004
6. The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 as specified below —
(a) in respect of Articles 9 and 13, the Food Standards Agency;
(b) in respect of Articles 16(1) and 17(2), the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).
Competent authority for the purposes of Regulation 2023/2006
7. The competent authority for the purposes of Article 6(2) and 7(3) of Regulation 2023/2006 is each food authority in its area.
PART 3
Requirements for Vinyl Chloride
Limits and migration limits
8.—(1) Materials and articles which are manufactured with vinyl chloride polymers or copolymers —
(a)
(a) must 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 9(1); and
(b)
(b) must 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 food as measured by the method of analysis specified in regulation 9(2).
(2) No person may —
(a)
(a) sell;
(b)
(b) import; or
(c)
(c) use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any such material or article that does not comply with paragraph (1).
Methods of Analysis
9.—(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 8(1)(a) is the method specified in the Annex to Commission Directive 80/766/EEC(which lays 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)9.
(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 8(1)(b) is the method specified in the Annex to Commission Directive 81/432/EEC(which lays down the Community method of analysis for the official control of vinyl chloride released by materials and articles into foodstuffs)10.
PART 4
Requirements for Regenerated Cellulose Film
Controls and limits
10.—(1) This Part applies to regenerated cellulose film which —
(a)
(a) constitutes a finished product in itself; or
(b)
(b) is part of a finished product containing other materials,
and is intended to come into contact with food, or by being used for that purpose does come into contact with food.
(2) Except in paragraph (4), any reference in this regulation to Annex II is a reference to Annex II to Directive 2007/42/EC.
(3) Subject to paragraph (5), no person may manufacture any regenerated cellulose film intended to come into contact with food using any substance or group of substances other than the substances named or described —
(a)
(a) in the first column (denominations) of Annex II in the case of —
(i) uncoated film; or
(ii) coated film where the coating is derived from cellulose;
(b)
(b) in 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,
and other than in accordance with the conditions and restrictions specified in the corresponding entry in the second column of the appropriate Part of Annex II, as read with the preamble to that Annex.
(4) No person may manufacture any coating to be applied to film referred to in...
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