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      SCOTTISH STATUTORY INSTRUMENTS


      2000 No. 431

      FOOD

      The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2000

        Made 30th November 2000 
        Laid before the Scottish Parliament 30th November 2000 
        Coming into force 31st December 2000 

      The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(2), 17(1), 26(1)(a) and 48(1) of the Food Safety Act 1990[1] and of all other powers enabling them in that behalf, after having regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations:

      Citation, commencement and extent
           1.  - (1) These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2000 and shall come into force on 31st December 2000.

          (2) These Regulations extend to Scotland only.

      Amendment of the principal Regulations
          
      2. The Plastic Materials and Articles in Contact with Food Regulations 1998[4] ("the principal Regulations") shall be amended in accordance with the following regulations.

           3. In regulation 2 (interpretation), in the definition of "the Directive" for the words "and 96/11/EC" there shall be substituted ", 96/11/EC and 1999/91/EC[5] (as corrected[6])".

           4. For sub paragraph (a) of regulation 3(4) (restriction on the use, sale or importation of plastic materials and articles) there shall be substituted-

          " (a) if-

            (i)

              (aa) it has been manufactured with a prohibited monomer as described in regulation 4(1);

              (bb) it has been manufactured with a prohibited additive as described in regulation 5(1);

              (cc) being a product obtained by bacterial fermentation, it does not comply with regulation 5A; or

              (dd) it does not comply with regulation 4(5), 5(4) or 7, and

            (ii) no defence indicated in regulation 4(7), 5(2) or 7(5) would be available in proceedings for an offence under these Regulations relating to that manufacture or want of compliance; or".

           5. In regulation 4 (restriction on manufacture with monomers)-

        (a) in paragraph (1)(c), for the words "restrictions (if any) specified" there shall be substituted the words "restrictions and specifications (if any) set out"; and

        (b) paragraph (3)(d) shall be omitted.

           6. In regulation 5 (restriction on manufacture with additives)-

        (a) for paragraph (1) there shall be substituted-

            " (1) Subject to the following paragraphs of this regulation, no person shall use in the manufacture of plastic materials or articles any prohibited additive, that is to say an additive identified by PM/REF No., CAS No. (if any) and name respectively in columns 1, 2 and 3 of Part I of Schedule 2 which-

          (a) is not of good technical quality; or

          (b) is not used in accordance with the restrictions and specifications (if any) set out in the corresponding entry in column 4 of the relevant section of that Part of that Schedule."; and

        (b) there shall be inserted at the end the following paragraphs-

            " (4) Subject to paragraph (5) of this regulation, where column 4 of Part I of Schedule 2 expresses a migration limit of mg/kg in relation to any additive, no plastic material or article manufactured containing that additive shall be capable of transferring constituents of that additive to food with which that plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is-

          (a) the number of milligrams expressed therein released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b) below; and

          (b) one sixth of the number of milligrams expressed therein per square decimetre of surface area of the plastic material or article if the plastic material or article comprises-

            (i) an article which is a container or is comparable to a container or which can be filled, with a capacity of less than 500 millilitres or more than 10 litres; or

            (ii) sheet, film or other material which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of that material and the quantity of food in contact with that surface area.

            (5) A plastic material or article manufactured containing an additive in respect of which column 4 of Part 1 of Schedule 2 expresses a migration limit of mg/kg shall not be considered capable of transferring constituents of that additive to food with which that plastic material or additive may come into contact in quantities exceeding the appropriate limit in paragraph (4) of this regulation if the only food with which that plastic material or article may come into contact is food to which regulation 7(3) applies.".

           7. After regulation 5 there shall be inserted the following regulation-

        " Products obtained by bacterial fermentation
            
        5A. A product obtained by bacterial fermentation complies with this regulation if it is-

          (a) of good technical quality;

          (b) identified by PM/REF No., CAS No. and name respectively in columns 1, 2 and 3 of Schedule 2A; and

          (c) in compliance with the restrictions and specifications set out in column 4 of that Schedule.".

           8. After regulation 7 (transfer of constituents) there shall be inserted the following regulation-

        " Specifications
            
        7A. Schedule 2B shall have effect for the purpose of giving the specifications referred to in column 4 of Schedules 1, 2 and 2A.".

           9. In regulation 10 (offences) the following paragraph shall be added at the end-

            " (15) In any proceedings for an offence under these Regulations it shall be a defence to prove that-

          (a) the act was committed in relation to a plastic material or article intended to come into contact with food which was manufactured in the European Community, or imported into the European Community, before 1st January 2003; and

          (b) the matters constituting the offence would not have constituted an offence under these Regulations before the amendments made by the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2000 came into force.".

           10. In Schedule 1 (monomers) -

        (a) in Part I, in section A in column 4, for the heading "Restrictions" there shall be substituted the heading "Restrictions and specifications";

        (b) the item number and letter, PM/REF No., CAS No., name and restriction and specification (if any) for each monomer identified in Part I of Schedule 1 to these Regulations shall be inserted in Section A of Part I of Schedule 1 to the principal Regulations at the place corresponding to the number and letter (if any) specified for that monomer in the column headed "Item" in Part 1 of Schedule 1 to these Regulations;

        (c) in Part I, in Section A, for the entries in column 4 (restrictions and specifications) against the items which correspond to the items listed in Part II of Schedule 1 to these Regulations, there shall be substituted the corresponding entries specified in column 4 of Part II of Schedule 1 to these Regulations;

        (d) in Part I, in Section A, in item 196 the entry in column 4 (restrictions and specifications) shall be omitted;

        (e) in Part I, in Section B, item number 67 and the entries for it shall be omitted;

        (f) in Part I, in Section B, for the entries in column 4 (restrictions and specifications) against the items which correspond to the items listed in Part III of Schedule 1 to these Regulations, there shall be substituted the corresponding entries specified in column 4 of Part III of Schedule 1 to these Regulations;

        (g) in Part I, in Section B, after the entries relating to item 77, there shall be inserted the item number and letter, PM/REF No., CAS No., name and restriction for the monomer listed in Part IV of Schedule 1 to these Regulations;

        (h) in Part I, the items in Section B which are listed in Part V of Schedule 1 to these Regulations, and the entries opposite to and corresponding to them, shall be omitted and there shall be inserted in Section A, at the place corresponding to the number and letter (if any) specified for each item in the column headed "Item No. for Section A" in Part V of Schedule 1 to these Regulations, the entries relating to that item listed in Part V of Schedule 1 to these Regulations; and

        (i) in Part II there shall be inserted at the end the following paragraph-

             " 4. Where an entry in column 4 in Part I of this Schedule, includes a bracketed number, that entry shall be subject to the note relating to that number as follows:

            (1) Warning: there is a risk that the specific migration limit could be exceeded in fatty food simulants.

            (2) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 10060 and 23920.

            (3) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 15760, 16990, 47680, 53650, 89440.

            (4) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 19540, 19960.

            (5) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 14200, 14230.

            (9) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances:-

          (a) Badge (=2,2-bis(4 hydroxyphenyl) propane bis(2,3 epoxypropyl) ether

          (b) Badge.H2O

          (d) Badge.HCl

          (e) Badge.2HCl

          (f) Badge.H2O.HCl

          However in aqueous food simulants, the SML (T) should also include Badge.2H2O(c) unless the material or article is labelled for use in contact only with those foods and beverages for which it has been demonstrated that the sum of the migration levels of the five above mentioned substa nces (a)(b)(d)(e)(f) cannot exceed 1mg/kg.".

           11. In Schedule 2 (additives)-

        (a) in Part I there shall be added an extra column, numbered "4" and headed "Restrictions and specifications";

        (b) the item number and letter, PM/REF No., CAS No., name and restriction and specification (if any) for each additive identified in Schedule 2 to these Regulations shall be inserted in Part I of Schedule 2 to the principal Regulations at the place corresponding to the number and letter specified for that additive in the column headed "Item" in Schedule 2 to these Regulations;

        (c) in Part I, for the entries in column 2 (CAS No.) for item 38 there shall be substituted the following:-

    087826-41-3
    069158-41-4
    054686-97-4
    081541-12-0";


(d) in Part I, for the entries in column 3 (name) for item 38 there shall be substituted the following:-

Bis (methylbenzylidene) sorbitol
" " " " "
" " " " "
" " " " "";


(e) in Part I, for the entry in column 2 (CAS No.) for item 179 there shall be substituted the entry "037244-96-5";

(f) in Part I, item 195 and the entries for it shall be deleted; and

(g) in Part II, there shall be inserted at the end the following paragraph-

         " 4. Where an entry in column 4 (restrictions and specifications) in Part I of this Schedule includes a bracketed number, that entry shall be subject to the note relating to that number as follows:

        (1) Warning: there is a risk that the specific migration limit could be exceeded in fatty food simulants.

        (3) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 15760, 16990, 47680, 53650, 89440.

        (6) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF/Nos: 66560 and 66580.

        (7) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 30080, 42320, 45195, 45200, 53610, 81760, 89200, 92030.

        (8) SML (T) in this specific case means that the restriction shall not be exceeded by the sum of the migration of the following substances mentioned as PM/REF Nos: 85840 and 95725.

        (10) Warning: there is a risk that the migration of the substance deteriorates the organoleptic characteristics of the food in contact and then, that the finished product does not comply with regulation 4(2) of the Materials and Articles in Contact with Food Regulations 1987[
    7].".

     12. After Schedule 2 there shall be inserted as Schedules 2A and 2B as set out in Schedules 3 and 4 to these Regulations.

    
13. In Schedule 3 (provisions applicable when testing compliance with the migration limits)-

    (a) in paragraph 4(3) and (4), for "regulation 7 or Schedule 1" in each case there shall be substituted "regulation 7, Schedule 1 or Schedule 2"; and

    (b) in paragraph 7(2)(c) for "M1 and M2" there shall be substituted "M2 and M3".


MALCOLM CHISHOLM
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
30th November 2000



SCHEDULE 1
Regulation 10



PART I

LIST OF MONOMERS TO BE ADDED TO SECTION A OF PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

  1 2 3 4
Item PM/REF No. CAS No. Name Restrictions and Specifications
28A 12761 000693-57-2 12-Aminododecanoic acid The specific migration of this substance shall not exceed 0.05 mg/kg
35A 13180 000498-66-8 Bicyclo [2.2.1] hept-2-ene (=norbornene) The specific migration of this substance shall not exceed 0.05 mg/kg
35B 13210 001761-71-3 Bis(4-aminocyclohexyl)methane The specific migration of this substance shall not exceed 0.05 mg/kg
63A 14650 000079-38-9 Chlorotrifluoroethylene The quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 dm2
68A 14841 000599-64-4 4-Cumylphenol The specific migration of this substance shall not exceed 0.05 mg/kg
93A 16694 013811-50-2 N,N'-Divinyl-2-imidazolidinone The quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
93B 16704 000112-41-4 1-Dodecene The specific migration of this substance shall not exceed 0.05 mg/kg
147A 22331 025513-64-8 Mixture of (40% w/w) 1,6-diamino-2,2,4-trimethylhexane and (60% w/w) 1,6-diamino-2,4,4-trimethylhexane The quantity of this substance in the finished plastic material or article shall not exceed 5 mg/6 dm2
152A 22550 000498-66-8 Norbornene The specific migration of this substance shall not exceed 0.05 mg/kg
163A 23175 000122-52-1 Phosphorous acid, triethyl ester The quantity of this substance in the finished plastic material or article shall be not detectable (when measured by a method with a detection limit of 1 mg/kg)
169A 23547 009016-00-6 063148-62-9 Polydimethylsiloxane (MW>6800) In compliance with the specifications laid down against item 2 in Schedule 2B
206A 25080 001120-36-1 1-Tetradecene The specific migration of this substance shall not exceed 0.05 mg/kg
214A 25385 000102-70-5 Triallylamine In compliance with the specifications laid down against item 3 in Schedule 2B
218A 25927 027955-94-8 1,1,1-Tris(4-hydroxyphenyl)ethane The quantity of this substance in the finished plastic material or article shall not exceed 0.5 mg/kg For use only in polycarbonates
223 26155 001072-63-5 1-Vinylimidazole The quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
225 26320 002768-02-7 Vinyltrimethoxysilane The quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
226 26360 007732-18-5 Water In compliance with Directive 98/83/EC[8]



PART II

LIST OF MONOMERS IN SECTION A OF PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS FOR WHICH THE CONTENT OF THE COLUMN "RESTRICTION AND SPECIFICATIONS" IS MODIFIED

  1 2 3 4
Item PM/REF No. CAS No. Name Restrictions and Specifications
2 10060 000075-07-0 Acetaldehyde SML (T) = 6 mg/kg (2)
40 13510 001675-54-3 2,2-Bis(4-hydroxyphenyl)propane bis(2,3-epoxypropyl) ether (=BADGE) SML (T) = 1 mg/kg (9) Authorised only until 1 January 2005
56 14200 000105-60-2 Caprolactam SML (T) = 15 mg/kg (5)
57 14230 002123-24-2 Caprolactam, sodium salt SML (T) = 15 mg/kg (5) (expressed as caprolactam)
79 15760 000111-46-6 Diethyleneglycol SML (T) = 30 mg/kg (3)
98 16990 000107-21-1 Ethyleneglycol SML (T) = 30 mg/kg (3)
102 17160 000097-53-0 Eugenol The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.02 mg/kg, analytical tolerance included)
128 19540 000110-16-7 Maleic acid SML (T) = 30 mg/kg (4)
129 19960 000108-31-6 Maleic anhydride SML (T) = 30 mg/kg (4) (expressed as maleic acid)
214 25360   Trialkyl(C5-C15) acetic acid, 2,3-epoxypropyl ester The quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg (expressed as epoxy group, molecular weight = 43)



PART III

LIST OF MONOMERS IN SECTION B OF PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS FOR WHICH THE CONTENT OF THE COLUMN "RESTRICTIONS AND SPECIFICATIONS" IS MODIFIED

  1 2 3 4
Item PM/REF No. CAS No. Name Restrictions and Specifications
34 16690 001321-74-0 Divinylbenzene The quantity of this material in the finished plastic material or article shall not exceed 1 mg/kg or the specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.02 mg/kg, analytical tolerance included)
56 20590 000106-91-2 Methacrylic acid, 2,3-epoxypropyl ester The quantity of this material in the finished plastic material or article shall not exceed 5 mg/kg (expressed as epoxy group, molecular weight = 43)
68 22720 000140-66-9 4-tert-Octylphenol The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01mg/kg, analytical tolerance included)



PART IV

MONOMER TO BE ADDED TO SECTION B OF PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

  1 2 3 4
Item PM/REF No. CAS No. Name Restrictions and Specifications
77A 25185 000140-66-9 4-(1,1,3,3-Tetramethylbutyl) phenol (= 4-tert-octylphenol) The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01mg/kg, analytical tolerance included)



PART V

LIST OF MONOMERS TRANSFERRED FROM SECTION B TO SECTION A OF PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

    1 2 3 4
Item No. in Section B Item No. in Section A PM/REF No. CAS No. Name Restrictions and Specifications
5 13A 11000 050976-02-8 Acrylic acid, dicyclopentadienyl ester The quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 dm2
6 13B 11245 002156-97-0 Acrylic acid, dodecyl ester The specific migration of this substance shall not exceed 0.05 mg/kg (1)
9 23A 12265 004074-90-2 Adipic acid, divinyl ester The quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg; for use only as comonomer
12 33A 13060 004422-95-1 1,3,5-Benzenetricarboxylic acid trichloride The quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 dm2 (measured as 1,3,5-benzenetricarboxylic acid)
16 49A 13780 002425-79-8 1,4-Butanediol bis(2,3-epoxypropyl) ether The quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg (expressed as epoxy group, molecular weight equal to 43)
19 52A 14020 000098-54-4 4-tert-Butylphenol The specific migration of this substance shall not exceed 0.05 mg/kg
22 73A 15130 000872-05-9 1-Decene The specific migration of this substance shall not exceed 0.05 mg/kg
30 88A 16360 000576-26-1 2,6-Dimethylphenol The specific migration of this substance shall not exceed 0.05 mg/kg
32 88B 16450 000646-06-0 1,3-Dioxolane The specific migration of this substance shall not exceed 0.05 mg/kg
37 111A 18220 068564-88-5 N-Heptylaminoundecanoic acid The specific migration of this substance shall not exceed 0.05 mg/kg (1)
41 118A 18820 000592-41-6 1-Hexene The specific migration of this substance shall not exceed 3 mg/kg
42 121A 19060 000109-53-5 Isobutyl vinyl ether The quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
43 121B 19150 000121-91-5 Isophthalic acid The specific migration of this substance shall not exceed 5 mg/kg
49 130A 19990 000079-39-0 Methacrylamide The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.02 mg/kg, analytical tolerance included)
50 131A 20050 000096-05-9 Methacrylic acid, allyl ester The specific migration of this substance shall not exceed 0.05 mg/kg
55 135A 20530 002867-47-2 Methacrylic acid, 2-(dimethylamino)ethyl ester The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.02 mg/kg, analytical tolerance included)
61 145A 21730 000563-45-1 3-Methyl-1-butene The quantity of this substance in the finished plastic material or article shall not exceed 0.006 mg/6 dm2 For use only in polypropylene
70 159A 22937 001623-05-8 Perfluoropropyl perfluorovinyl ether The specific migration of this substance shall not exceed 0.05 mg/kg
71 173A 23770 000504-63-2 1,3-Propanediol The specific migration of this substance shall not exceed 0.05 mg/kg
72 177A 23920 000105-38-4 Propionic acid, vinyl ester SML (T) = 6 mg/kg (2) (expressed as acetaldehyde)
74 198A 24760 026914-43-2 Styrenesulphonic acid The specific migration of this substance shall not exceed 0.05 mg/kg
83 224 26170 003195-78-6 N-Vinyl-N-methylacetamide The quantity of this substance in the finished plastic material or article shall not exceed 2 mg/kg



SCHEDULE 2
Regulation 11


LIST OF ADDITIVES TO BE INSERTED IN PART I OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS


  1 2 3 4
Item PM/REF No. CAS No. Name Restrictions and Specifications
2A 30080 004180-12-5 Acetic acid, copper salt SML (T) = 30 mg/kg (7) (expressed as copper)
7A 30610   Acids, C2-C24, aliphatic, linear monocarboxylic, from natural oils and fats and their mono-, di-and triglycerol esters (branched fatty acids at naturally occurring levels are included).  
7B 30612   Acids, C2-C24, aliphatic, linear, monocarboxylic, synthetic and their mono-, di-and triglycerol esters  
9A 31530 123968-25-2 Acrylic acid, 2,4-di-tert-pentyl-6-[1(3,5-di-tert-pentyl-2-hydroxyphenyl) ethyl] phenyl ester The specific migration of this substance shall not exceed 5 mg/kg
12A 33801   n-Alkyl (C10-C13) benzenesulphonic acid The specific migration of this substance shall not exceed 30 mg/kg
12B 34240   Alkyl(C10-C20) sulphonic acid, esters with phenols The specific migration of this substance shall not exceed 6 mg/kg; authorised only until 1 January 2002
27A 36640 000123-77-3 Azodicarbonamide For use only as blowing agent.
31A 37360 000100-52-7 Benzaldehyde (10)
36A 38320 005242-49-9 4-(2-Benzoxazolyl)-4'-(5-methyl-2-benzoxazolyl) stilbene In compliance with the specifications laid down against item 4 in Schedule 2B
36B 38510 136504-96-6 1,2-Bis(3-aminopropyl)ethylenediamine, polymer with N-butyl-2,2,6,6-tetramethyl-4-piperidinamine and 2,4,6-trichloro-1,3,5-triazine The specific migration of this substance shall not exceed 5 mg/kg
36C 38515 001533-45-5 4,4'-Bis(2-benzoxazolyl)stilbene The specific migration of this substance shall not exceed 0.05 mg/kg (1)
36D 38810 080693-00-1 Bis(2,6-di-tert-butyl-4-methylphenyl) pentaerythritol diphosphite The specific migration of this substance shall not exceed 5 mg/kg (sum of phosphite and phosphate)
36E 38879 135861-56-2 Bis(3,4-dimethylbenzylidene)sorbitol  
37A 39200 006200-40-4 Bis (2-hydroxyethyl)-2-hydroxypropyl-3-(dodecyloxy) methylammonium chloride The specific migration of this substance shall not exceed 1.8 mg/kg
37B 39815 182121-12-6 9,9 bis(methoxymethyl) fluorene The quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 dm2
38A 40120   Bis(polyethyleneglycol) hydroxymethylphosphonate The specific migration of this substance shall not exceed 0.6 mg/kg. Authorised only until 1 January 2002
44A 41680 000076-22-2 Camphor (10)
47A 42320 007492-68-4 Carbonic acid, copper salt SML (T) = 30 mg/kg (7) (expressed as copper)
57A 43515   Chlorides of choline esters of coconut oil fatty acids The quantity of this substance in the finished plastic material or article shall not exceed 0.9 mg/6 dm2
59A 45195 007787-70-4 Copper bromide SML (T) = 30 mg/kg (7) (expressed as copper)
59B 45200 001335-23-5 Copper iodide SML (T) = 30 mg/kg (7) (expressed as copper) and the specific migration of this substance shall not exceed 1 mg/kg (expressed as iodine)
60A 45450 068610-51-5 p-Cresol-dicyclopentadiene-isobutylene, copolymer The specific migration of this substance shall not exceed 0.05 mg/kg (1)
72A 46880 065140-91-2 3,5-Di-tert-butyl-4-hydroxybenzyl phosphonic acid, monoethyl ester, calcium salt The specific migration of this substance shall not exceed 6 mg/kg
73A 47680 000111-46-6 Diethyleneglycol SML (T) = 30 mg/kg (3)
73B 48460 000075-37-6 1,1-Difluoroethane  
73C 49485 134701-20-5 2,4-Dimethyl-6-(1-methylpentadecyl)phenol The specific migration of this substance shall not exceed 1 mg/kg
75A 51700 147315-50-2 2-(4,6-Diphenyl-1,3,5-triazin-2-yl)-5-(hexyloxy) phenol The specific migration of this substance shall not exceed 0.05 mg/kg
86A 53610 054453-03-1 Ethylenediaminetetraacetic acid, copper salt SML (T) = 30 mg/kg (7) (expressed as copper)
86B 53650 000107-21-1 Ethyleneglycol SML (T) = 30 mg/kg (3)
90A 54300 118337-09-0 2,2'-Ethylidenebis(4,6-di-tert-butyl-phenyl) fluorophosphonite The specific migration of this substance shall not exceed 6 mg/kg
92A 54930 025359-91-5 Formaldehyde-1-naphthol, copolymer [=Poly (1-hydroxynaphthyl-methane)] The specific migration of this substance shall not exceed 0.05 mg/kg
125A 57800 018641-57-1 Glycerol tribehenate  
140A 60480 003864-99-1 2-(2-Hydroxy-3,5-di-tert-butylphenyl)-5-chlorobenzotriazole The specific migration of this substance shall not exceed 30 mg/kg
169A 66560 004066-02-8 2,2'-Methylenebis(4-methyl-6-cyclohexylphenol) SML (T) = 3 mg/kg (6)
169B 66580 000077-62-3 2,2'-Methylenebis [4-methyl-6-(1-methylcyclo-hexyl) phenol] SML (T) = 3 mg/kg (6)
172A 66755 002682-20-4 2-Methyl-4-isothiazolin-3-one The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.02 mg/kg, analytical tolerance included)
173A 67170   Mixture of (80 to100% w/w) 5,7-di-tert-butyl-3-(3,4-dimethylphenyl)-2(3H)-benzofuranone and (0-20% w/w) 5,7-di-tert-butyl-3-(2,3-di-methylphenyl)-2(3H)-benzofuranone The specific migration of this substance shall not exceed 5 mg/kg
173B 67180   Mixture of (50% w/w) phthalic acid n-decyl n-octyl ester, (25% w/w) phthalic acid di-n-decyl ester, and (25% w/w) phthalic acid di-n-octyl ester The specific migration of this substance shall not exceed 5 mg/kg (1)
179A 68145 080410-33-9 2,2',2''-Nitrilo[triethyl tris(3,3',5,5'-tetra-tert-butyl-1-1'-bi-phenyl-2,2'-diyl) phosphite] The specific migration of this substance shall not exceed 5 mg/kg (sum of phosphite and phosphate)
188A 71635 025151-96-6 Pentaerythritol dioleate The specific migration of this substance shall not exceed 0.05 mg/kg; not for use with foods for which simulant D is laid down in Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs[9].
191A 73720 000115-96-8 Phosphoric acid, trichloroethyl ester The specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.02 mg/kg, analytical tolerance included)
191B 74010 145650-60-8 Phosphorous acid, bis(2,4-di-tert-butyl-6-methylphenyl) ethyl ester The specific migration of this substance shall not exceed 5 mg/kg (covering the sum of phosphite and phosphate)
195A 76721 009016-00-6 063148-62-9 Polydimethylsiloxane (MW > 6800) In compliance with the specifications laid down against item 5 in Schedule 2B
195B 76865   Polyesters of 1,2-propanediol and/or 1,3-and/or 1,4-butanediol and/or polypropyleneglycol with adipic acid, also end-capped with acetic acid or fatty acids C10-C18 or n-octanol and/or n-decanol The specific migration of this substance shall not exceed 30 mg/kg
198A 77895 068439-49-6 Polyethyleneglycol (EO = 2-6) monoalkyl (C16-C18) ether The specific migration of this substance shall not exceed 0.05 mg/kg
208A 81515 087189-25-1 Poly(zinc glycerolate)  
210A 81760   Powders, flakes and fibres of brass, bronze, copper, stainless steel, tin and alloys of copper, tin and iron SML (T) = 30 mg/kg (7) (expressed as copper) and the specific migration of this substance shall not exceed 48 mg/kg (expressed as iron)
239A 85360 000109-43-3 Sebacic acid, dibutyl ester  
240A 85610   Silicates, natural, silanated (with the exception of asbestos)  
240B 85840 053320-86-8 Silicic acid, lithium magnesium sodium salt SML (T) = 0.6 mg/kg (8) (expressed as lithium)
244A 86285   Silicon dioxide, silanated  
259A 88640 008013-07-8 Soybean oil, epoxidized In compliance with the specifications laid down against item 6 in Schedule 2B
263A 89200 007617-31-4 Stearic acid, copper salt SML (T) = 30 mg/kg (7) (expressed as copper)
263B 89440   Stearic acid, esters with ethyleneglycol SML (T) = 30 mg/kg (3)
270A 92030 010124-44-4 Sulphuric acid, copper salt SML (T) = 30 mg/kg (7) (expressed as copper)
276A 92700 078301-43-6 2,2,4,4-Tetramethyl-20-(2,3-epoxypropyl)-7-oxa-3,20-diazadispiro-[5.1.11 .2]-heneicosan-21-one, polymer The specific migration of this substance shall not exceed 5 mg/kg
276B 92930 120218-34-0 Thiodiethanolbis(5-methoxycarbonyl-2,6-dimethyl-1,4-dihydropyri-dine-3-carbox ylate) The specific migration of this substance shall not exceed 6 mg/kg
280A 94960 000077-99-6 1,1,1-Trimethylolpropane The specific migration of this substance shall not exceed 6 mg/kg
281A 95725 110638-71-6 Vermiculite, reaction product with citric acid, lithium salt SML (T) = 0.6 mg/kg (8) (expressed as lithium)
281B 95855 007732-18-5 Water In compliance with the Directive 98/83/EC
281C 95859   Waxes, refined, derived from petroleum based or synthetic hydrocarbon feedstocks In compliance with the specifications laid down against item 7 in Schedule 2B
281D 95883   White mineral oils, paraffinic, derived from petroleum based hydrocarbon feedstocks In compliance with the specifications laid down against item 8 in Schedule 2B



SCHEDULE 3
Regulation 12

    



    " SCHEDULE 2A
    Regulation 5A


    PRODUCTS OBTAINED BY BACTERIAL FERMENTATION


      1 2 3 4
    Item PM/REF No. CAS No. Name Restrictions and Specifications
    1 18888 80181-31-3 3-hydroxybutanoic acid-3-hydroxypentanoic acid, copolymer The specific migration of this substance shall not exceed 0.05 mg/kg for crotonic acid (as impurity) and in compliance with the specifications laid down against item 1 in Schedule 2B  "




SCHEDULE 4
Regulations 8 and 12

    



    " SCHEDULE 2B
    Regulation 7A


    SPECIFICATIONS


      1 2  
    Item PM/REF No. Specifications  
    1 18888 3-HYDROXYBUTANOIC ACID-3-HYDROXYPENTANOIC ACID, COPOLYMER  
        Definition These copolymers are produced by the controlled fermentation of Alcaligenes eutrophus using mixtures of glucose and propanoic acid as carbon sources. The organism used has not been genetically engineered and has been derived from a single wild-type organism Alcaligenes eutrophus strain H16 NCIMB 10442. Master stocks of the organism are stored as freeze-dried ampoules. A submaster/working stock is prepared from the master stock and stored in liquid nitrogen and used to prepare inocula for the fermenter. Fermenter samples will be examined daily both microscopically and for any changes in colonial morphology on a variety of agars at different temperatures. The copolymers are isolated from heat treatment bacteria by controlled digestion of the other cellular components, washing and drying. These copolymers are normally offered as formulated, melt formed granules containing additives such as nucleating agents, plasticisers, fillers, stabilisers and pigments which all conform to the general and individual specifications.
        Chemical name Poly (3-D-hydroxybutanoato-co-3-D-hydroxypentanoate).
        CAS number 80181-31-3.
        Structural formula



    where n/(m+n) greater than 0 and less or equal to 0.25

        Average molecular weight Not less than 150,000 Daltons (measured by gel permeation chromatography).
        Assay Not less than 98% poly (3-D-hydroxybutanoato-co-3-D- hydroxypentanoate) analysed after hydrolysis as a mixture of 3-D-hydroxybutanoic and 3-D-hydroxypentanoic acids.
        Description Characteristics White to off-white powder after isolation.
        Identification tests:  
        Solubility Soluble in chlorinated hydrocarbons such as chloroform or dichloromethane but practically insoluble in ethanol, aliphatic alkanes and water.
        Migration The migration of crotonic acid should not exceed 0.05 mg/kg food.
        Purity Prior to granulation the raw material copolymer powder must contain:
        - Nitrogen Not more than 2,500 mg/kg of plastic
        - Zinc Not more than 100 mg/kg of plastic
        - Copper Not more than 5 mg/kg of plastic
        - Lead Not more than 2 mg/kg of plastic
        - Arsenic Not more than 1 mg/kg of plastic
        - Chromium Not more than 1 mg/kg of plastic
    2 23547 POLYDIMETHYLSILOXANE (Mw> 6800)

    Minimum viscosity 100 x 10-6 m2/s (=100 centistokes) at 25°C

    3 25385 TRIALLYLAMINE

    40 mg/kg hydrogel at a ratio of 1 kg food to a maximum of 1.5 grams of hydrogel. For use only in hydrogels intended for non-direct food contact use.

    4 38320 4-(2-BENZOXAZOLYL) -4'-(5-METHYL-2-BENZOXAZOLYL) STILBENE

    Not more than 0.05% w/w (quantity of substance used/quantity of the formulation)

    5 76721 POLYDIMETHYLSILOXANE (Mw>6800)

    Minimum viscosity 100 x 10-6 m2/s (=100 centistokes) at 25°C

    6 88640 SOYBEAN OIL, EPOXIDIZED

    Oxirane <8%, iodine number < 6

    7 95859 WAXES, REFINED, DERIVED FROM PETROLEUM BASED OR SYNTHETIC HYDROCARBON FEEDSTOCKS

    The product should have the following specifications:

      - Content of mineral hydrocarbons with carbon number less than 25: not more than 5% (w/w)

      - Viscosity not less than 11 x 10-6 m2/ s (=11 centistokes) at 100°C

      - Average molecular weight not less than 500

    8 95883 WHITE MINERAL OILS, PARAFFINIC DERIVED FROM PETROLEUM BASED HYDROCARBON FEEDSTOCKS

    The product should have the following specifications:

      - Content of mineral hydrocarbons with carbon number less than 25: not more than 5% (w/w)

      - Viscosity not less than 8.5 x 10-6 m2/ s (=8.5 centistokes) at 100°C

      - Average molecular weight not less than 480

      "


EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Plastic Materials and Articles in Contact with Food Regulations 1998 ("the 1998 Regulations"). These Regulations implement Commission Directive 1999/91/EC amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs.

These Regulations-

    (a) update the lists of monomers and additives which can be used in the manufacture of plastic materials and articles intended to come into contact with food (regulations 10 and 11 and Schedules 1 and 2);

    (b) impose restrictions and specifications in respect of some of those monomers and additives (regulations 5(a), 6, 8, 10, 11 and 12 and Schedules 1, 2 and 4); in particular, a new type of restriction for additives is introduced (maximum permitted quantity of the substance in the finished material or article expressed as mg per 6 dm2 of the surface in contact with food);

    (c) bring products obtained by bacterial fermentation within the scope of the 1998 Regulations and impose restrictions and specifications for such products (regulations 4, 5(b), 7 and 12 and Schedule 3);

    (d) include a transitional provision (regulation 9); and

    (e) make some consequential amendments (regulations 3 and 13(a)) and correct two errors in the 1998 Regulations (regulations 10(d) and 13(b)).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations have on business costs, has been prepared and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

[1] 1990 c.16; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c.40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c.28) ("the 1999 Act"), Schedule 5, paragraph 10(3). Sections 16(1) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5 paragraphs 8 and 12; amendments made by Schedule 5 of the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] Section 48(4A) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.back

[3] Section 48(4B) was inserted by the Food Standards Act 1999 Schedule 5, paragraph 21.back

[4] S.I. 1998/1376.back

[5] O.J. No. L 310, 4.12.99, p.41.back

[6] O.J. No. L 249, 4.10.00, p.26.back

[7] S.I. 1987/1523, to which there are amendments not relevant to these Regulations.back

[8] O.J. No. L 330, 5.12.1998, p.32.back

[9] O.J. No. L 372, 31.12.85, p.14.back


ISBN 0 11 059527 0


 



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Prepared 19 December 2000
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