Citation and commencement

1. These Regulations may be cited as the Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2009 and come into force on 19th December 2009.

Amendments to the Materials and Articles in Contact with Food (Scotland) Regulations 2007

2. The Materials and Articles in Contact with Food (Scotland) Regulations 2007(4) are amended in accordance with regulations 3 to 8.

3. In regulation 2 (interpretation)–

(a) in paragraph (1)–

(i) in the definition of "import" for "a Member State" substitute "an EEA State"; and

(ii) after the definition of "Regulation 2023/2006" insert the following definition–

""Regulation 450/2009" means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food(5);"; and

(b) omit paragraph (2).

4. After regulation 5 (enforcement of Regulation 2023/2006) insert–

"Enforcement of Regulation 450/2009

5A. Any person who contravenes any of the following provisions of Regulation 450/2009 is guilty of an offence–

(a) Article 4(f) (prohibition on the placing on the market of active and intelligent materials and articles that do not comply with labelling requirements);

(b) Article 11(1) and (2) (additional rules on labelling), as read with the 4th indent of Article 14;

(c) Article 12 (declaration of compliance); and

(d) Article 13 (supporting documentation).".

5. After regulation 7 (competent authority for the purposes of Regulation 2023/2006), insert–

"Competent authorities for the purposes of Regulation 450/2009

7A. The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 15(1).".

6. In regulation 13(1)(b) (offences and penalties), after "Regulation 2023/2006" insert ", Regulation 450/2009".

7. For regulation 15 (enforcement) substitute–

"15.–(1) Subject to paragraph (2) it shall be the duty of each food authority within its area to execute and enforce–

(a) the provisions of Regulation 1935/2004 mentioned in regulation 4;

(b) the provisions of Regulation 2023/2006 mentioned in regulation 5;

(c) the provisions of Regulation 450/2009 mentioned in regulation 5A; and

(d) these Regulations.

(2) In addition the Food Standards Agency may, if it considers it appropriate to do so, execute and enforce the provisions of–

(a) Articles 16(1) and 17(2) of Regulation 1935/2004; and

(b) Article 13 of Regulation 450/2009.".

8. In regulation 18 (application of various provisions of the Act)–

(a) in paragraph (2), for "Regulation 1935/2004 or, as appropriate, to Regulation 2023/2006" substitute "Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009, as appropriate"; and

(b) in paragraph (3), for "Regulation 1935/2004 or, as appropriate, to Regulation 2023/2006" substitute "Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009, as appropriate".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Materials and Articles in Contact with Food (Scotland) Regulations 2007 ("the principal Regulations") in order to provide for the execution and enforcement of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food ("Regulation 450/2009"). The Regulations also amend the definition of "import" in the principal Regulations.

In detail, these Regulations amend the principal Regulations by–

(a) inserting a definition of Regulation 450/2009 (regulation 3(a)(i));

(b) amending the definition of "import" to refer to products which come from outside the European Economic Area (regulation 3(a)(ii));

(c) making it an offence to contravene specified requirements of Regulation 450/2009 (regulation 4) and attaching penalties for such an offence (regulation 6);

(d) specifying the competent authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 5);

(e) designating the enforcement authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 7); and

(f) providing that certain provisions of the Food Safety Act 1990 apply for the purposes of the enforcement of Regulation 450/2009 (regulation 8).

A Regulatory Impact Assessment has not been prepared for this instrument as any impact on business or the public or third sectors is unlikely to be significant.