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Statutory Instruments
2011 No. 231
Food, England
The Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2011
Made
5th February 2011
Laid before Parliament
8th February 2011
Coming into force
1st March 2011
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(2), 17(1), 26(1)(a) and (2)(a) and 48(1) of the Food Safety Act 1990(1), and now vested in him(2).
In accordance with section 48(4A) of the Food Safety Act 1990 he has had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No. 178/2002 of 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 safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Title and commencement
1. These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2011 and come into force on 1st March 2011.
Amendment to the Plastic Materials and Articles in Contact with Food (England) Regulations 2009
2.-(1) The Plastic Materials and Articles in Contact with Food (England) Regulations 2009(4) are amended in accordance with paragraph (2).
(2) After regulation 21 (transitional defence relating to PVC gaskets containing epoxidised soy bean oil) insert the following as regulation 21A -
"Transitional defences relating to infant feeding bottles containing Bisphenol A
21A.-(1) In any proceedings for an offence under regulation 3 in connection with the sale or import into the EU of a polycarbonate infant feeding bottle which fails to meet the required standard it shall be a defence to prove that the plastic material or article -
(a)was placed on the market or as the case may be imported in to the EU before 1st June 2011; and
(b)complied with these Regulations as they stood immediately before the amendment made to Annex II to the Directive by Commission Directive 2011/8/EU.
(2) In any proceedings for an offence under regulation 4 in connection with the use of Bisphenol A in the manufacture of a polycarbonate infant feeding bottle it shall be a defence to prove that the plastic material or article -
(a)was manufactured before 1st March 2011; and
(b)complied with these Regulations as they stood immediately before the amendment made to Annex II to the Directive by Commission Directive 2011/8/EU.
(3) In this regulation Commission Directive 2011/8/EU means Commission Directive 2011/8/EU amending Directive 2002/72/EC as regards the restriction of use of Bisphenol A in plastic infant feeding bottles.".
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
5th February 2011
EXPLANATORY NOTE
(This note is not part of the Regulations)
1. These Regulations amend the Plastic Materials and Articles in Contact with Food (England) Regulations 2009 (S.I. 2009/205 as previously amended by S.I. 2010/2225) ("the principal Regulations") in order to provide for the implementation in England of transitional arrangements contained in Commission Directive 2011/8/EU amending Directive 2002/72/EC as regards the restriction of use of Bisphenol A in plastic infant feeding bottles (OJ No. L26, 29.1.2011, p.11) ("the new Commission Directive").
2. The new Commission Directive contains a prohibition on the manufacture, sale and import of plastic feeding bottles for infants that are manufactured using Bisphenol A, together with transitional provisions for phasing in this prohibition. The principal Regulations contain (at regulation 2(5)) an ambulatory reference which has the effect of implementing the prohibition.
3. These Regulations amend the principal Regulations to provide for the implementation of the transitional arrangements in the new Commission Directive (regulation 2(2)).
4. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Safety Group of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available at www.legislation.gov.uk.
1990 c.16, section 1(1) and (2) (definition of "food") was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c.28), "the 1999Act". Section 48 was also amended by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c.40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.
Functions formerly exercisable by "the Ministers" (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act.
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny -“ Part Four (OJ No. L188, 18.7.2009, p.14).
S.I. 2009/205, amended by S.I. 2010/2225.