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Statutory Instrument 2006 No. 1401

The Plastic Materials and Articles in Contact with Food (England) Regulations 2006

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


2006 No. 1401


FOOD, ENGLAND


The Plastic Materials and Articles in Contact with Food (England) Regulations 2006


 Made23rd May 2006 
 Laid before Parliament2nd June 2006 
 Coming into force30th June 2006 


CONTENTS


PART 1

Preliminary
1.Title, application and commencement
2.Interpretation

PART 2

Requirements for Materials and Articles
3.Restriction on the use, sale or import of plastic materials and articles
4.Restriction on the use of monomers in the manufacture of plastic materials and articles
5.Restriction on the use of additives in the manufacture of plastic materials and articles
6.Required standard for non-migration of constituents of monomers
7.Required standard for non-migration of constituents of additives
8.Required standard for products obtained by bacterial fermentation
9.Required standards relating to overall migration limits
10.Required standard for non-migration of primary aromatic amines
11.Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
12.Labelling
13.Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)

PART 3

Execution and Enforcement
14.Enforcement
15.Offences and Penalties
16.General defences
17.Transitional defences and savings
18.Procedure where a sample is to be analysed
19.Secondary analysis by the Government Chemist

PART 4

Application for Authorisation
20.Applications for inclusion of an additive in the Community list of authorised additives

PART 5

General and Supplementary
21.Application of provisions of the Act
22.Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
23.Amendments to the Materials and Articles in Contact with Food (England) Regulations 2005
24.Revocations

 SCHEDULE 1—Authorised Monomers
 PART 1—List of Monomers with Restrictions and Specifications
 PART 2—Supplementary

 SCHEDULE 2—Authorised Additives
 PART 1—Incomplete List of Additives Used in the Manufacture of Plastic Materials and Articles (not being Additives to which Paragraph 5 of Part 3 of this Schedule Applies)
 PART 2—Incomplete List of Additives Used in the Manufacture of Plastic Materials and Articles (Being Additives to which Paragraph 5 of Part 3 of this Schedule Applies)
 PART 3—Supplementary

 SCHEDULE 3—Products Obtained by Bacterial Fermentation

 SCHEDULE 4—Specifications

 SCHEDULE 5—Applicable Provisions when Testing Compliance with the Migration Limits

 SCHEDULE 6—Overall and Specific Migration Testing Using Food Simulants
 PART 1—Bais Rules
 PART 2—Food Simulants to be used in Migration Testing
 PART 3—Selection of Food Simulants
 PART 4—Simulants to be used in relation to a Specific Food or Group of Foods
 PART 5—Migration Test Conditions (Times and Temperatures)
 PART 6—Substitute Fat Test for Overall and Specific Migration
 PART 7—Alternative Fat Tests for Overall and Specific Migration

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 1990[1], and now vested in her[2].

    In accordance with section 48(4A) of that Act she 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.



PART 1

Preliminary

Title, application and commencement
    1.These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (England) Regulations 2006, apply in relation to England only and come into force on 30th June 2006.

Interpretation
    2.—(1) In these Regulations —

    "the Act" means the Food Safety Act 1990;

    "authorised officer" means any person, whether or not an officer of the enforcement authority, who is authorised by it in writing to act in matters arising under these Regulations;

    "BADGE" has the meaning given in Article 1(1)(a) of Regulation 1895/2005;

    "BFDGE" has the meaning given in Article 1(1)(b) of Regulation 1895/2005;

    "business" is to be construed in accordance with section 1(3) of the Act;

    "capable" means capable as established under regulation 11;

    "Directive 82/711" means Council Directive 82/711/EEC[4] laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs, as last amended by Commission Directive 97/48/EC[5];

    "Directive 85/572" means Council 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[6];

    "Directive 88/388" means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production[7];

    "Directive 89/107" means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption[8];

    "the Directive" means Commission Directive 2002/72/EC[9] relating to plastic materials and articles intended to come into contact with foodstuffs, as last amended by Commission Directive 2004/19/EC[10];

    "EEA State" means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;

    "EFSA" means the European Food Safety Authority;

    "enforcement authority" means an authority having responsibility under regulation 14 for executing and enforcing these Regulations;

    "food" is to be construed in accordance with section 16(5) of the Act;

    "good technical quality" means good technical quality as regards the purity criteria;

    "handling of food" means use in connection with the storage, preparation, packaging, sale or serving of food;

    "import" means import in the course of a business;

    "material or article" means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;

    "monomer" means any substance that is included for the purposes of the Directive among monomers and other starting substances;

    "NOGE" has the meaning given in Article 1(1)(c) of Regulation 1895/2005;

    "the 1998 Regulations" means the Plastic Materials and Articles in Contact with Food Regulations 1998[11];

    "the 2005 Regulations" means the Materials and Articles in Contact with Food (England) Regulations 2005[12];

    "plastic material or article" means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;

    "the Purity Directives" means Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs[13], Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs[14] and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colours or sweeteners[15];

    "Regulation 1895/2005" means Commission Regulation (EC) No 1895/2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food[16];

    "sell" includes offer or expose for sale or have in possession for sale, and "sale" shall be construed accordingly;

    (2) For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.

    (3) Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.



PART 2

Requirements for Materials and Articles

Restriction on the use, sale or import of plastic materials and articles
    3.—(1) No person may —

    (a) use for the handling of food in the course of a business;

    (b) sell for the purpose of handling of food; or

    (c) import from anywhere other than an EEA State for the purpose of handling of food,

a plastic material or article which fails to meet the required standard.

    (2) For the purposes of this regulation a plastic material or article fails to meet the required standard if —

    (a) it has been manufactured with a prohibited monomer as described in regulation 4(2) or a prohibited additive as described in regulation 5(2); or

    (b) it does not meet the required standards set out in regulation 6, 7, 8, 9 or 10.

Restriction on the use of monomers in the manufacture of plastic materials and articles
    4.—(1) Subject to paragraphs (3), (4) and (5), no person may use any prohibited monomer in the manufacture of any plastic material or article.

    (2) A prohibited monomer is any monomer which is not —

    (a) of good technical quality;

    (b) identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of the relevant section of Part 1 of Schedule 1; and

    (c) used in accordance with any restrictions and specifications for that monomer set out or referred to in column 4 of that section.

    (3) Paragraph (1) does not apply to the use of a monomer in the manufacture of any —

    (a) surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including but not limited to varnishes, lacquers and paints;

    (b) epoxy resins;

    (c) adhesives and adhesion promoters; or

    (d) printing inks.

    (4) Paragraph (1) shall not be taken to prohibit the manufacture of any plastic material or article with any substance if the substance in question is a mixture which falls within paragraph 3(c) (relating to mixtures of authorised substances) of Annex II to the Directive and is of good technical quality.

    (5) In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) because it was manufactured with any monomer (whether or not of good technical quality) other than one mentioned in paragraph (2)(b) it shall be a defence for the person accused to prove that —

    (a) each monomer is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II to the Directive, or

    (b) each such monomer is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex,

and is of good technical quality.

    (6) Part 2 of Schedule 1 has effect to supplement this regulation and Part 1 of that Schedule.

Restriction on the use of additives in the manufacture of plastic materials and articles
    5.—(1) Subject to paragraph (3) no person may use in the manufacture of any plastic material or article any prohibited additive.

    (2) A prohibited additive is —

    (a) any additive identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Part 1 or Part 2 of Schedule 2 which —

      (i) is not of good technical quality, or

      (ii) is not used in accordance with any restrictions and specifications for that additive set out in the corresponding entry in column 4 of Part 1 or Part 2 of that Schedule; or

    (b) any food additive authorised by Directive 89/107 or any flavouring authorised by Directive 88/388 that migrates into food —

      (i) in a quantity that has a technological function in the final food product, or

      (ii) where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Directive 89/107 or Directive 88/388 as appropriate, or in Schedule 2, whichever is the lower.

    (3) In any proceedings for an offence under these Regulations where it is alleged that the commission of the offence is due to the manufacture of a plastic material or article with any additive identified in Part 1 or Part 2 of Schedule 2 which is not of good technical quality, it shall be a defence for the person accused to prove that each such additive is present in the finished plastic material or article as an impurity, a reaction intermediate or a decomposition product.

    (4) Part 3 of Schedule 2 has effect to supplement this regulation and Parts 1 and 2 of that Schedule.

Required standard for non-migration of constituents of monomers
    6.—(1) Subject to paragraph (2), where a migration limit expressed in mg/kg is indicated in column 4 of the relevant section of Part 1 of Schedule 1 in relation to any monomer, a plastic material or article manufactured from that monomer meets the required standard under this regulation if it is not capable of transferring constituents of that monomer to food with which the 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 in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and

    (b) one sixth of the number of milligrams expressed in column 4 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 can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or

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

    (2) A plastic material or article manufactured from any monomer for which a migration limit in mg/kg is expressed in column 4 of the relevant section of Part 1 of Schedule 1 is not deemed to be capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(3) applies.

Required standard for non-migration of constituents of additives
    7.—(1) Subject to paragraph (2), where a migration limit expressed in mg/kg is indicated in column 4 of Part 1 or 2 of Schedule 2 in relation to any additive, a plastic material or article manufactured containing that additive meets the required standard under this regulation if it is not capable of transferring constituents of that additive to food with which the 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 indicated in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and

    (b) one sixth of the number of milligrams expressed in column 4 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 can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or

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

    (2) A plastic material or article manufactured containing an additive for which a migration limit in mg/kg is expressed in column 4 of Part 1 or Part 2 of Schedule 2 is not deemed to be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(3) applies.

Required standard for products obtained by bacterial fermentation
    8.A product obtained by bacterial fermentation meets the required standard under this regulation if it is —

    (a) of good technical quality;

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

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

Required standards relating to overall migration limits
    9.—(1) Subject to paragraph (3), a plastic material or article meets the required standard under this regulation if it is not capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit specified in paragraph (2).

    (2)

    (a) In the case of any plastic material or article comprising —

      (i) an article which is a container or comparable to a container or can be filled, with a capacity of not less than 500 millilitres and not more than 10 litres,

      (ii) an article which can be filled and for which it is impracticable to estimate the surface area in contact with food, or

      (iii) a cap, gasket, stopper or similar device for sealing,

    the appropriate limit is an overall migration limit of 60 milligrams of constituents released per kilogram of food.

    (b) In the case of any other plastic material or article, the appropriate limit is an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.

    (3) For the purposes of this regulation a plastic material or article is not deemed to fail to meet the required standard under paragraph (1) if the only food with which that material or article may come into contact is food —

    (a) which is specified in the table to Part 4 of Schedule 6; and

    (b) where there is no "X" placed anywhere in the group of columns headed "Simulants to be used" opposite that food.

    (4) In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with this regulation, the defences available in paragraph 6(2) and 7(2) of Schedule 5 shall be available as specified in those paragraphs.

Required standard for non-migration of primary aromatic amines
    10.—(1) Subject to paragraph (3), a plastic material or article manufactured using isocyanates or colourants prepared by diazo-coupling meets the required standard under this regulation if it is not capable of transferring in a detectable quantity primary aromatic amines (expressed as aniline), not being primary aromatic amines listed in these Regulations, to food with which that plastic material or article may come into contact.

    (2) Schedule 4 has effect for the purpose of prescribing, for certain items listed in Part 1 of Schedule 1, Part 1 or 2 of Schedule 2, or Schedule 3, the specifications for those items that are referred to in column 4 of the Part or Schedule concerned.

    (3) In paragraph (1) a detectable quantity means a quantity which can be determined with an analytical method capable of achieving a detection limit of at least 0.02 milligrams per kilogram of food or food simulant (including analytical tolerance).

Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
    11.—(1) A plastic material or article shall be treated as capable of transferring constituents to food with which it may come into contact to the extent that such capability is established —

    (a) in any case other than one to which sub-paragraph (b) applies, and subject to Article 8.4 of the Directive (which may be applied on compliance with the conditions stated therein), by the verification methods specified in Schedule 5 (including the analytical tolerances referred to in paragraph 8 of that Schedule) and Schedule 6;

    (b) in any case where the extent to which vinyl chloride, as identified in Part 1 of Schedule 1, is capable of such transfer falls to be established, by the method referred to in regulation 7(2) of the 2005 Regulations.

    (2) In Schedules 5 and 6, references to migration or release of a substance are to be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, food with which it may come into contact.

    (3) The specific migration of a constituent from a plastic material or article shall where applicable be determined in the manner specified in the relevant sub-paragraph of paragraph 8 of Annex II to the Directive.

    (4) The quantity of a constituent in a plastic material or article shall where applicable be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II to the Directive relating to the term "QM(T)", "QMA" or "QMA(T)" as the case may be.

Labelling
    12.—(1) At marketing stages other than the retail stage a person who is in possession of any plastic material or article must ensure that the plastic material or article is accompanied by a written declaration which —

    (a) accords with the requirements of Article 16(1) of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council[17]; and

    (b) provides, in respect of substances that are subject to a restriction on quantities migrating into food, information obtained from experimental data or theoretical calculation concerning —

      (i) the levels of migration specific to those substances;

      (ii) where appropriate, purity criteria in accordance with the purity Directives.

    (2) In establishing which descriptions of food a material or article may come into contact with, it is to be assumed until the contrary is proved that, for the purposes of these Regulations, if particulars are shown in relation to that material or article in accordance with paragraph (1)(a), those particulars are accurate and that unless the particulars so indicate, there are no restrictions on the intended conditions of contact.

Provisions relating to the use of certain epoxy derivatives (BADGE, BFDGE and NOGE)
    13.—(1) In this regulation —

    (a) any reference to a numbered Article is a reference to that Article in Regulation1895/2005;

    (b) paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines);

    (c) for the purpose of Article 6(4) the competent authority is the authority identified in regulation 14.

    (2) Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), no person may —

    (a) manufacture,

    (b) use for the handling of food in the course of a business,

    (c) sell for the purpose of the handling of food, or

    (d) import for the purpose of the handling of food

any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).

    (3) No person may manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).

    (4) Subject to Article 6(1), no person may —

    (a) use for the handling of food in the course of a business,

    (b) sell for the purpose of the handling of food, or

    (c) import for the purpose of the handling of food

any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.

    (5) Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), no person shall contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).

    (6) No person shall without reasonable excuse fail to comply with a request made under Article 6(4) (requirement to disclose date of filling to competent authority).



PART 3

Execution and Enforcement

Enforcement
    14.Each food authority in its area and each port health authority in its district shall execute and enforce —

    (a) the provisions of Regulation 1895/2005 mentioned in regulation 13, and

    (b) these Regulations.

Offences and Penalties
    15.—(1) Any person who —

    (a) contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(1) or 13(2) to (5);

    (b) intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;

    (c) contravenes regulation 13(6) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or

    (d) in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,

is guilty of an offence.

    (2) Anyone convicted of an offence under these Regulations is liable —

    (a) in the case of an offence under paragraph (1)(a) —

      (i) on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

      (ii) on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;

    (b) in the case of any other offence under these Regulations to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.

    (3) Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

    (4) Where an offence under these Regulations which has been committed by a body corporate or a Scottish partnership is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of —

    (a) any director, manager, secretary or other similar officer of the body corporate or any partner of the Scottish partnership, or

    (b) any person purporting to act in such a capacity,

he as well as the body corporate or, as the case may be, the Scottish partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

    (5) No prosecution for an offence under these Regulations shall be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.

    (6) Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall also be guilty of the offence; and a person may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.

General defences
    16.—(1) In any proceedings for an offence under these Regulations it shall, subject to paragraph (5), be a defence for the person accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

    (2) Without prejudice to the generality of paragraph (1), a person accused of an offence under these Regulations who did not —

    (a) prepare the plastic material or article or, as the case may be, the material or article in respect of which the offence is alleged to have been committed; nor

    (b) import it into the United Kingdom,

shall be taken to have established the defence provided by paragraph (1) if he satisfies the requirements of paragraphs (3) and (4).

    (3) A person satisfies the requirements of this paragraph if he proves —

    (a) that the commission of the offence was due to the act or default of some other person who was not under his control, or to reliance on information supplied by such a person;

    (b) that either —

      (i) he carried out all such checks of the plastic material or article or material or article in question as were reasonable in all the circumstances, or

      (ii) it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied him with the plastic material or article or the material or article in question; and

    (c) that he did not know and had no reason to suspect at the time the offence was committed that his act or omission would amount to an offence under these Regulations.

    (4) A person satisfies the requirements of this paragraph if the offence is one of sale and he proves —

    (a) that the commission of the offence was due to the act or default of some other person who was not under his control, or to reasonable reliance on information supplied by such a person;

    (b) that the sale of which the alleged offence consisted was not a sale under his name or mark; and

    (c) that he did not know and could not reasonably have been expected to know at the time the offence was committed that his act or omission would amount to an offence under these Regulations.

    (5) If in any case the defence provided by this regulation involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the person accused shall not without leave of the court be entitled to rely on that defence unless —

    (a) at least seven clear days before the hearing; and

    (b) where he has previously appeared before the court in connection with the alleged offence, within one month of his first such appearance,

he has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in his possession.

Transitional defences and savings
    17.Not withstanding the revocations made in regulation 24, in relation to any plastic material or article —

    (a) manufactured before the 1st July 1998, the defence in regulation 3(3) of the 1998 Regulations;

    (b) manufactured or imported into the European Community before 1st January 2003, the defence in regulation 10(15) of the 1998 Regulations;

    (c) put into free circulation in the European Community before 30th November 2002, the defence in regulation 10(16) of the 1998 Regulations;

    (d) manufactured or imported into the European Community before 1st March 2004, the defence in regulation 10(21)(a) of the 1998 Regulations;

    (e) manufactured or imported into the European Community before 1st March 2003, the defence in regulation 10(21)(b) of the 1998 Regulations;

    (f) containing azodicarbonamide and brought into contact with food before 2nd August 2005, the defence in regulation 10(23) of the 1998 Regulations; or

    (g) manufactured or imported into the European Community before 1st March 2006, the defence in regulation 10(25) of the 1998 Regulations,

shall apply in relation to offences under these Regulations in like manner as it applied to offences under the equivalent provisions in those Regulations.

Procedure where a sample is to be analysed
    18.—(1) An authorised officer who has procured a sample under section 29 of the Act and who considers it should be analysed shall divide the sample into three parts.

    (2) If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer shall divide the sample into parts by putting the containers into three lots, and each lot shall be treated as being a part.

    (3) The authorised officer shall —

    (a) if necessary place each part in a suitable container and seal it;

    (b) mark each part or container;

    (c) as soon as reasonably practicable, give one part to the owner and notify him in writing that the sample will be analysed;

    (d) submit one part for analysis in accordance with section 30 of the Act; and

    (e) retain one part for future submission under regulation 19.

Secondary analysis by the Government Chemist
    19.—(1) Where a sample has been retained under regulation 18 and —

    (a) proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and

    (b) the prosecution intends to adduce as evidence the result of the analysis mentioned above,

paragraphs (2) to (7) apply.

    (2) The authorised officer —

    (a) may of his own volition;

    (b) shall if requested by the prosecutor (if a person other than the authorised officer);

    (c) shall if the court so orders; or

    (d) shall (subject to paragraph (6)) if requested by the defendant,

send the retained part of the sample to the Government Chemist for analysis.

    (3) The Government Chemist shall analyse the part sent to him under paragraph (2) and send to the authorised officer a certificate of analysis.

    (4) Any certificate of the results of testing transmitted by the Government Chemist under this regulation shall be signed by or on behalf of him, but the testing may be carried out by any person under the direction of the person who signs the certificate.

    (5) The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist's certificate of analysis.

    (6) Where a request is made under paragraph (2)(d) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist's charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.

    (7) In this regulation "defendant" includes a prospective defendant.



PART 4

Application for Authorisation

Applications for inclusion of an additive in the Community list of authorised additives
    20.—(1) This regulation applies where a person wishes to make an application for the inclusion of an eligible additive in the Community list referred to in Article 4 of the Directive.

    (2) The application mentioned in paragraph (1), including supporting data, must be made to EFSA before 1st January 2007.

    (3) If during examination of the data referred to in paragraph (2), EFSA calls for supplementary information, the eligible additive may, if otherwise permitted to be used under English law, continue to be so used until EFSA has issued an opinion, provided the supplementary opinion is submitted within the time limits specified by EFSA.

    (4) For the purposes of this regulation, an eligible additive is one whose use is permitted in one or more Member States before 1st January 2007.



PART 5

General and Supplementary

Application of provisions of the Act
    21.The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —

    (a) section 3 (presumption that food is intended for human consumption);

    (b) section 30(8) (relating to documentary evidence);

    (c) section 36 (offences by bodies corporate);

    (d) section 36A (offences by Scottish partnerships);

    (e) section 44 (protection of officers acting in good faith).

Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
    22.In the Food Safety (Sampling and Qualifications) Regulations 1990[18], in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the 1998 Regulations substitute the title and reference of these Regulations.

Amendments to the Materials and Articles in Contact with Food (England) Regulations 2005
    23.—(1) The 2005 Regulations are amended in accordance with paragraphs (2) to (6).

    (2) In regulation 2(1) —

    (a) omit the definition of "the 1998 Regulations";

    (b) after the definition of "sell" add the following definition —

      "”the 2006 Regulations” means the Plastic Materials and Articles in Contact with Food (England) Regulations 2006[19]."

    (3) In regulation 8(4), for the expression "Schedules 1, 2 or 2A to the 1998 Regulations" substitute "Schedules 1, 2 or 3 to the 2006 Regulations".

    (4) In regulation 9(3) —

    (a) for the expression "Part I of Schedule 1 to the 1998 Regulations" substitute "Part 1 of Schedule 1 to the 2006 Regulations"; and

    (b) in sub-paragraph (b) for "Part II" substitute "Part 2".

    (5) In regulation 9(5), for the expression "Schedules 3 and 4 of the 1998 Regulations as read with regulation 6 of those Regulations" substitute "Schedules 5 and 6 of the 2006 Regulations as read with regulation 11 of those Regulations".

    (6) In regulation 10(2), for the expression "proceedings for an offence under regulation" substitute "proceedings for an offence of contravening regulation".

Revocations
    24.The following Regulations or parts thereof are revoked —

    (a) the 1998 Regulations in so far as they apply in relation to England;

    (b) the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2000[20];

    (c) the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002[21];

    (d) the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No.2) Regulations 2002[22];

    (e) the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2004[23];

    (f) the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005[24];

    (g) regulation 15 of the 2005 Regulations.



Signed by authority of the Secretary of State for Health


Caroline Flint
Minister of State, Department of Health

23rd May 2006



SCHEDULE 1
Regulations 4 and 6


Authorised Monomers




PART 1

List of Monomers with Restrictions and Specifications

          1

PM/REF No

2

CAS No

3

Name

4

Restrictions and specifications

110030000514-10-3Abietic acid          
210060000075-07-0AcetaldehydeSML(T) = 6mg/kg (2)
310090000064-19-7Acetic acid          
410120000108-05-4Acetic acid, vinyl esterThe specific migration of this substance shall not exceed 12mg/kg
510150000108-24-7Acetic anhydride          
610210000074-86-2Acetylene          
6A10599/90A061788-89-4Acids, fatty, unsaturated (C18), dimers, distilledQMA(T) = 0.05 mg/6 dm² (27)
6B10599/91061788-89-4Acids, fatty, unsaturated (C18), dimers, non distilledQMA(T) = 0.05

mg/6 dm² (27)

6C10599/92A068783-41-5Acids, fatty, unsaturated (C18), dimers, hydrogenated, distilledQMA(T) = 0.05

mg/6 dm² (27)

6D10599/93068783-41-5Acids, fatty, unsaturated (C18), dimers, hydrogenated, distilledQMA(T) = 0.05

mg/6 dm² (27)

710630000079-06-1AcrylamideThe specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
810660015214-89-82-Acrylamido-2-methylpropane sulphonic acidThe specific migration of this substance shall not exceed 0.05 mg/kg
910690000079-10-7Acrylic acid          
1010750002495-35-4Acrylic acid, benzyl ester          
1110780000141-32-2Acrylic acid, n-butyl ester          
1210810002998-08-5Acrylic acid, sec-butyl ester          
1310840001663-39-4Acrylic acid, tert-butyl ester          
13A11000050976-02-8Acrylic acid, dicyclopentaidien-yl esterThe quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 m²
13B11245002156-97-0Acrylic acid, dodecyl esterThe specific migration of this substance shall not exceed 0.05 mg/kg (1)
1411470000140-88-5Acrylic acid, ethyl ester          
15As item 19000818-61-1Acrylic acid, hydroxyethyl ester          
15A11530000999-61-1Acrylic acid, 2-hydroxypropyl esterQMA = 0.05 mg/6 dm²for the sum of acrylic acid, 2-hydroxypropoyl ester and acrylic acid, 2-hydroxyisopropyl ester and in compliance with the specifications laid down in Schedule 4
1611590000106-63-8Acrylic acid, asobutyl ester          
1711680000689-12-3Acrylic acid, isopropyl ester          
1811710000096-33-3Acrylic acid, methyl ester          
1911830000818-61-1Acrylic acid, monoester with ethylene glycol          
2011890002499-59-4Acrylic acid, n-octyl ester          
2111980000925-60-0Acrylic acid, propyl ester          
2212100000104-13-1AcrylonitrileThe 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)
2312130000124-04-9Adipic acid          
23A12265004074-90-2Adipic acid, divinyl esterThe quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg. For use only as comonomer
2412280002035-75-8Adipic anhydride          
2512310-Albumin          
2612340-Albumin, coagulated by formaldehyde          
2712375-Alcohols, aliphatic, monohydric, saturated, linear, primary (C4-C22)          
2812670002855-13-21-Amino-3-aminomethyl-3, 5, 5-trimethylcyclohexaneThe specific migration of this substance shall not exceed 6 mg/kg
28A12761000693-57-212-Aminododecanoic acidThe specific migration of this substance shall not exceed 0.05 mg/kg
28B12763000141-43-52-AminoethanolSML = 0.05 mg/kg. Not for use in polymers contacting foods for which simulant D is laid down in Council Directive 85/572/EEC and for indirect food contact only, behind the PET layer
28C12765844354-12-8N-(2-aminoethyl)-beta-alanine, sodium saltSML – 0.05 mg/kg
2912788002432-99-711-Aminoundecanoic acidThe specific migration of this substance shall not exceed 5mg/kg
3012789007664-41-7Ammonia          
3112820000123-99-9Azelaic acid          
3212970004196-95-6Azelaic anhydride          
3313000001477-55-01,3-Benzenedi-methanamineThe specific migration of this substance shall not exceed 0.05 mg/kg
33A13060004422-95-11,3,5-Benzenetricarboxylic acid trichlorideThe quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 m² (measured as 1,3,5- benzenetricarboxylic acid)
33B13075000091-76-9Benzoguanamine(see "2,4-Diamino-6- Phenyl-1,3,5-Triazine")
3413090000065-85-0Benzoic acid          
3513150000100-51-6Benzyl alcohol          
35A13180000498-66-8Bicyclo [2.2.1] hept-2-ene (= Norbornene)The specific migration of this substance shall not exceed 0.05 mg/kg
35B13210001761-71-3Bis (4-aminocyclohexyl) methaneThe specific migration of this substance shall not exceed 0.05 mg/kg
36As item 79000111-46-6Bis (2-hydroxyethyl) etherAs item 79
37As item 217000077-99-62,2-Bis (hydroxymethylbutan-1-ol)As item 217
37A13323000102-40-91,3-Bis (2-hydroxyethoxy) benzeneSML = 0.05 mg/kg
3813390000105-08-81,4-Bis (hydroxymethyl) – cyclohexane          
38A13395004767-03-72,2-Bis (hydroxymethyl) propionic acidQMA = 0.05 mg/6 dm²
3913480000080-05-72,2-Bis (4-hydroxyphenyl) propaneSML(T) = 0.6 mg/kg (28)
4013510001675-54-32,2-Bis (4-hydroxyphenyl) propane bis (2,3-epoxypropyl) etherUse must be in accordance with Regulation 1895/2005
4113530038103-06-92,2-Bis (4-hydroxyphenyl) propane bis (phthalic anhydride)The specific migration of this substance shall not exceed 0.05 mg/kg
42As item 93000110-98-5Bis (hydroxypropyl) ether          
4313560005124-30-1Bis(4-isocyanatocyclohexyl) methaneAs item 78
4413600047465-97-43,3-Bis (3-methyl-4-hydroxyphenyl) – indolin-2-oneThe specific migration of this substance shall not exceed 1.8 mg/kg
45As item 39000080-05-7Bisphenol AAs item 39
46As item 40001675-54-3Bisphenol A bis (2,3-epoxypropyl) etherAs item 40
4713614038103-06-9Bisphenol A bis (phthalic anhydride)As item 41
47A13617000080-09-1Bisphenol SAs item 86A
47B13620010043-35-3Boric acidSML(T) – 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption
4813630000106-99-0ButadieneThe quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg or the specific migration of this substance shall not be detectable (when measured by a method with a limit of detection of 0.02mg/kg, analytical tolerance included)
4913690000107-88-01,3-Butanediol          
49A13720000110-63-41,4-ButanediolSML(T) = 0.05 mg/kg (23)
49B13780002425-79-81,4-Butanediol bis(2,3-epoxypropyl) etherThe 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)
49C13810000505-65-71,4-Butanediol formalQMA = 0.05 mg/6 dm²
5013840000071-36-3Butan-1-ol          
5113870000106-98-9But-1-ene          
5213900000107-01-7But-2-ene          
52A13932000598-32-33-Buten-2-olQMA = ND (DL = 0.02 mg/6 dm²). To be used only as a co-monomer for the preparation of polymeric additive
52B14020000098-54-44-tert-ButylphenolThe specific migration of this substance shall not exceed 0.05 mg/kg
5314110000123-72-8Butyraldehyde          
5414140000107-92-6Butyric acid          
5514170000106-31-0Butyric acid anhydride          
5614200000105-60-2CaprolactamSML(T) = 15 mg/kg (5)
5714230002123-24-2Caprolactam, sodium saltSML(T) = 15 mg/kg (5) (expressed as caprolactam)
5814320000124-07-2Caprylic acid          
5914350000630-08-0Carbon monoxide          
6014380000075-44-5Carbonyl chlorideThe quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg
6114411008001-79-4Caster oil          
6214500009004-34-6Cellulose          
6314530007782-50-5Chlorine          
63A14650000079-38-9ChlorotrifluorethyleneQMA = 0.5 mg/6 dm²
64As item 94000106-89-81-Chloro-2,3-epoxypropaneAs item 94
6514680000077-92-9Citric acid          
6614710000108-39-4m-Cresol          
6714740000095-48-7o-Cresol          
6814770000106-44-5p-Cresol          
68MA14800003724-65-0Crotonic acidQMA(T) = 0.05 mg/6 dm² (33)
68A14841000599-64-44-CumylphenolThe specific migration of this substance shall not exceed 0.05 mg/kg
69As item 38000105-08-81,4-Cyclohexanedimethanol          
7014950003173-53-3Cyclohexyl isocyanateQM(T) = 1mg/kg in FP (expressed as NCO) (26)
70A15030000931-88-4CycloocteneSML = 0.05 mg/kg. For use only in polymers contacting foods for which simulant A is laid down in Council Directive 85/572/EEC
7115070001647-16-1Dec-1, 9-dieneThe specific migration of this substance shall not exceed 0.05 mg/kg
7215095000334-48-5Decanoic acid          
7315100000112-30-1Decan-1-ol          
73A15130000872-05-91-DeceneThe specific migration of this substance shall not exceed 0.05 mg/kg
7415250000110-60-11,4-Diaminobutane          
75As item 97000107-15-31,2-DiaminoethaneAs item 97
76As item 116000124-09-41,6-DiaminohexaneAs item 116
76A15310000091-76-92,4-Diamino-6-phenyl-1,3,5-triazineQMA = 5 mg/6 dm²
7715565000106-46-71,4-DichlorobenzeneThe specific migration of this substance shall not exceed 12 mg/kg
77A15610000080-07-94,4'-Dichlorodiphenyl sulphoneSML = 0.05 mg/kg
7815700005124-30-1Dicyclohexylmethane-4,4' – diisocyanateQM(T) = 1mg/kg (expressed as NCO (25)
7915760000111-46-6Diethylene glycolSML(T) = 30 mg/kg (3)
8015790000111-40-0DiethylenetriamineThe specific migration of this substance shall not exceed 5 mg/kg
8115820000345-92-64,4'-DifluorobenzophenoneThe specific migration of this substance shall not exceed 0.05 mg/kg
8215880000120-80-91,2-DihydroxybenzeneThe specific migration of this substance shall not exceed 6 mg/kg
8315910000108-46-31,3-DihydroxybenzeneThe specific migration of this shall not exceed 2.4 mg/kg
8415940000123-31-91,4-DihydroxybenzeneThe specific migration of this shall not exceed 0.6 mg/kg
8515970000611-99-44,4'-DihydroxybenzophenoneSML(T) = 6 mg/kg (14)
8616000000092-88-64,4'-DihydroxybiphenylThe specific migration of this substance shall not exceed 6 mg/kg
86A16090000080-09-014,4'-Dihydroxydiphenyl sulphoneSML = 0.05 mg/kg
8716150000108-01-0DimethylaminoethanolThe specific migration of this substance shall not exceed 18 mg/kg
87A16210006864-37-53,3'-Dimethyl-4,4'-diaminodicyclohexyl methaneSML = 0.05 mg/kg (32). To be used only in polyamides
8816240000091-97-43,3'-Dimethyl-4,4'-diisocyanatobiphenylQM(T) = 1 mg/kg (expressed as NCO) (25)
88A16360000576-26-12,6-DimethylphenolThe specific migration of this substance shall not exceed 0.05 mg/kg
88B16390000126-30-72,2-Dimethyl-1,3-propanediolSML = 0.05 mg/kg
88C16450000646-06-01,3-DioxolaneThe specific migration of this substance shall not exceed 0.05 mg/kg
8916480000126-58-9Dipentaerythritol          
89A16540000102-09-0Diphenyl carbonateSML = 0.05 mg/kg
9016570004128-73-8Diphenylether-4,4'-diisocyanateQM(T) = 1mg/kg (expressed as NCO) (25)
9116600005873-54-1Diphenylmethane-2,4'-diisocyanateQM(T) = 1 mg/kg (expressed as NCO) (25)
9216630000101-68-8Diphenylmethane-4,4'-diisocyanateQM(T) – 1 mg/kg (expressed as NCO) (25)
92A16650000127-63-9Diphenyl sulphoneSML(T) = 3 mg/kg (24)
9316660000110-98-5Dipropyleneglycol          
93A16690001321-74-0DivinylbenzeneQMA = 0.01 mg/6 dm2 or SML = ND (DL = 0.02 mg/kg, analytical tolerance included) for the sum of divinylbenzene and ethylvinylbenzene and in compliance with the specifications laid down in Schedule 4
93B16694013811-50-2N,N'-Divinly-2-imidazolidinoneThe quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
93C16697000693-23-2n-Dodecanedioic Acid          
93D16704000112-41-41-DodeceneThe specific migration of this substance shall not exceed 0.05 mg/kg
9416750000106-89-8EpichlorohydrinThe quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg
9516780000064-17-5Ethanol          
9616950000074-85-1Ethylene          
9716960000107-15-3EthylenediamineThe specific migration of this substance shall not exceed 12 mg/kg
9816990000107-21-1Ethylene glycolSML(T) = 30 mg/kg (3)
9917005000151-56-4EthyleneamineThe specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
10017020000075-21-8Ethylene oxideThe quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg
10117050000104-76-72-Ethylhexan-1-olThe specific migration of this substance shall not exceed 30 mg/kg
101A17110016219-75-35-Ethylidenebicyclo[2,2,1] hept-2-eneQMA = 0.05 mg/6 dm². The ratio surface/quantity of food shall be lower than 2 dm²/kg
10217160000097-53-0EugenolThe 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)
10317170061788-47-4Fatty acids, coco          
10417200068308-53-2Fatty acids, soya          
10517230061790-12-3Fatty acids, tall oil          
10617260000050-00-0FormaldehydeSML(T) = 15mg/kg (21)
10717290000110-17-8Fumaric acid          
10817530000050-99-7Glucose          
10918010000110-94-1Glutaric acid          
11018070000108-55-4Glutaric anhydride          
11118100000056-81-5Glycerol          
111A18220068564-88-5N-Heptylaminoundecanoic acidThe specific migration of this substance shall not exceed 0.05 mg/kg
11218250000115-28-6Hexachloroendomethylene-tetrahydrophthalic acidThe specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
11318280000115-27-5Hexachloroendomethylene-tetrahydrophthalic anhydrideThe specific migration of this substance shall not be detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
11418310036653-82-4Hexadecan-1-ol          
11518430000116-15-4HexafluoropropyleneThe specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
11618460000124-09-4HexamethylenediamineThe specific migration of this substance shall not exceed 2.4 mg/kg
11718640000822-06-0Hexamethylene diisocyanateQM(T) = 1 mg/kg (expressed as NCO) (25)
11818670000100-97-0HexamethylenetetramineSML(T) = 15 mg/kg (expressed as formaldehyde) (21)
118MA18700000629-11-81,6-HexanediolSML = 0.05 mg/kg
118A18820000592-41-61-HexeneThe specific migration of this substance shall not exceed 3 mg/kg
119As item 84000123-31-9HydroquinoneAs item 84
12018880000099-96-7p-Hydroxybenzoic acid          
120ZA18896001679-51-24-(Hydroxymethyl)-1-cyclohexeneSML = 0.05 mg/kg
120A18897016712-64-46-Hydroxy-2-naphthalenecarboxylic acidSML = 0.05 mg/kg
120B18898000103-90-2N-(4-Hydroxyphenyl) acetamideSML = 0.05 mg/kg
12119000000115-11-7Isobutene          
121A19060000109-53-5Isobutyl vinyl etherThe quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
121B19110004098-71-91-Isocyanato-3-isocyanatomethyl-3,5,5-trimethylcyclohexaneQM(T) = 1 mg/kg (expressed as NCO) (25)
121C19150000121-91-5Isophthalic acidThe specific migration of this substance shall not exceed 5 mg/kg
12219210001459-93-4Isophthalic acid, dimethyl esterThe specific migration of this substance shall not exceed 0.05 mg/kg
122A19243000780-79-5IsopreneAs item 145A
12319270000097-65-4Itaconic acid          
12419460000050-21-5Lactic acid          
12519470000143-07-7Lauric acid          
12619480002146-71-6Lauric acid, vinyl ester          
126A19490000947-04-6LaurolactamSML = 5 mg/kg
12719510011132-73-3Lignocellulose          
12819540000110-16-7Maleic acidSML(T) = 30 mg/kg (4)
12919960000108-31-6Maleic anhydrideSML(T) = 30 mg/kg (4) (expressed as maleic acid)
130As item 215000108-78-1MelamineAs item 215
130A19990000079-39-0MethacrylamideThe 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)
13120020000079-41-4Methacrylic acid          
131A20050000096-05-9Methacrylic acid, allyl esterThe specific migration of this substance shall not exceed 0.05 mg/kg
13220080002495-37-6Methacrylic acid, benzyl ester          
13320110000097-88-1Methacrylic acid, butyl ester          
13420140002998-18-7Methacrylic acid, sec-butyl ester          
13520170000585-07-9Methacrylic acid, tert-butyl ester          
135A20260000101-43-9Methacrylic acid, cyclohexyl esterSML = 0.05 mg./kg
135B20410002082-81-7Methacrylic acid, diester with 1,4-butanediolSML = 0.05 mg/kg
135BM20440000097-90-5Methacrylic acid, diester with ethyleneglycolSML = 0.05 mg/kg
135C20530002867-47-2Methacrylic acid, 2-(dimethylamino) ethyl esterThe 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)
135D20590000106-91-2Methacrylic acid, 2,3-epoxypropyl esterQMA = 0.02 mg/6 dm²
13620890000097-63-2Methacrylic acid, ethyl ester          
13721010000097-86-9Methacrylic acid, isobutyl ester          
13821100004655-34-9Methacrylic acid, isopropyl ester          
13921130000080-62-6Methacrylic acid, methyl ester          
14021190000868-77-9Methacrylic acid, monoester with ethyleneglycol          
14121280002177-70-0Methacrylic acid, phenyl ester          
14221340002210-28-8Methacrylic acid, propyl ester          
142A21400054276-35-6Methacrylic acid, sulphopropyl esterQMA = 0.05 mg/6 dm²
14321460000760-93-0Methacrylic anhydride          
14421490000126-98-7MethacrylonitrileThe 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)
144A21520001561-92-8Methallylsulphonic acid, sodium saltSML = 5 mg/kg
14521550000067-56-1Methanol          
145A21640000078-79-52-Methyl-1,3-butadieneQM = 1 mg/kg in FP or SML = ND

(DL = 0.02 mg/kg, analytical tolerance included)

145B21730000563-45-13-Methyl-1-buteneThe quantity of this substance in the finished plastic material or article shall not exceed 0.006 mg/ 6 dm². For use only in polypropylene
145C21765106246-33-74,4'-Methylenebis (3-chloro-2,6-diethylaniline)QMA = 0.05 mg/6 dm²
145D21821000505-65-71,4-(Methylenedioxy) butaneAs item 49C
14621940000924-42-5N-MethylolacrylamideThe specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
14722150000691-37-24-Methyl-1-penteneSML = 0.05 mg/kg
147A22331025513-64-8Mixture of (35-45% w/w) 1,6-diamino-2,2,4-trimethylhexane and (55-65% w/w) 1,6-diamino-2,4,4-trimethylhexaneQMA = 5 mg/6 dm²
147B22332-Mixture of (40% w/w) 2,2,4-trimethylhexane-1, 6-diisocyanate and (60% w/w) 2,4,4-trimethylhexane-1,6-diisocyanateQM(T) = 1 mg/kg (expressed as NCO) (26)
14822350000544-63-8Myristic acid          
148A22360001141-38-42,6- Naphthalenedicarboxylic acidSML = 5 mg/kg
14922390000840-65-32,6-Naphthalenedicarboxylic acid, dimethyl esterThe specific migration of this substance shall not exceed 0.05 mg/kg
15022420003173-72-61,5-Naphthalene diisocyanateQM(T) = 1 mg/kg (expressed as NCO) (25)
150A22437000126-30-7NeopentylglycolAs item 88B
15122450009004-70-0Nitrocellulose          
15222480000143-08-8Nonan-1-ol          
152A22550000498-66-8NorborneneThe specific migration of this substance shall not exceed 0.05 mg/kg
15322570000112-96-9Octadecyl isocyanateQM(T) = 1mg/kg (expressed as NCO) (25)
15422600000111-87-5Octan-1-ol          
15522660000111-66-0Oct-1-eneThe specific migration of this substance shall not exceed 15 mg/kg
15622763000112-80-1Oleic acid          
156XA22775000144-62-7Oxalic acidSML(T) = 6 mg/kg (29)
156A22778007456-68-04,4'-Oxybis (benzenesulphonyl azideQMA = 0.05 mg/6 dm²
15722780000057-10-3Palmitic acid          
15822840000115-77-5Pentaerythritol          
15922870000071-41-0Pentan-1-ol          
159A22900000109-67-11-PenteneSML = 5 mg/kg
159B22937001623-05-8Perfluoropropyl perfluorovinyl etherThe specific migration of this substance shall not exceed 0.05 mg/kg
16022960000108-95-2Phenol          
16123050000108-45-21,3-PhenylenediamineSML = ND (DL = 0.02 mg/kg. Analytical tolerance included)
161A23070000102-39-6(1,3-Phenylenedioxy) diacetic acidQMA = 0.05 mg/6 dm²
162As item 60000075-44-5PhosgeneAs item 60
16323170007665-38-2Phosphoric acid          
163A23175000122-52-1Phosphorous acid, triethyl esterThe 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)
164As item 204-Phthalic acidAs item 204
16523200000088-99-3o-Phthalic acid          
16623230000131-17-9Phthalic acid, diallyl esterThe specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.01 mg/kg)
16723380000085-44-9Phthalic anhydride          
16823470000080-56-8Alpha-Pinene          
16923500000127-91-3Beta-Pinene          
169A23547009016-00-6

063148-62-9

Polydimethylsiloxane (Mw >6800)In compliance with the specifications laid down in Schedule 4
17023590025322-68-3Polyethylene glycol          
17123650025322-69-4Polypropylene glycol (molecular weight greater than 400)          
17223651025322-69-4Polypropyleneglycol          
17323740000057-55-6Propan-1,2-diol          
173A23770000504-63-21,3-PropanediolThe specific migration of this substance shall not exceed 0.05 mg/kg
17423800000071-23-8Propan-1-ol          
17523830000067-63-0Propan-2-ol          
17623860000123-38-6Propionaldehyde          
17723890000079-09-4Propionic acid          
177A23920000105-38-4Propionic acid, vinyl esterSML(T) = 6 mg/kg (2) (expressed as acetaldehyde)
17823950000123-62-6Propionic anhydride          
17923980000115-07-1Propylene          
18024010000075-56-9Propylene oxideThe quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg
181As item 82000128-80-9PyrocatecholAs item 82
18224057000089-32-7Pyromellitic anhydrideThe specific migration of this substance shall not exceed 0.05 mg/kg (expressed as pyromellitic acid)
18324070073138-82-6Resin acids and rosin acids          
184As item 83000108-46-3ResorcinolAs item 83
184A24073000101-90-6Resorcinol diglycidyl etherQMA = 0.005 mg/6 dm². Not for use in polymers contacting foods for which simulant D is laid down in Council Directive 85/572/EEC and for indirect food contact only, behind the PET layer
18524100008050-09-7Rosin          
18624130008050-09-7Rosin gum          
18724160008052-10-6Rosin tall oil          
18824190065997-05-9Rosin wood          
18924250009006-04-6Rubber, natural          
19024270000069-72-7Salicylic acid          
19124280000111-20-6Sebacic acid          
19224430002561-88-8Sebacic anhydride          
19324475001313-82-2Sodium sulphide          
19424490000050-70-4Sorbitol          
19524520008001-22-7Soybean oil          
19624540009005-25-8Starch, edible          
19724550000057-11-4Stearic acid          
19824610000100-42-5Styrene          
198A24760026914-43-2Styrenesulphonic acidThe specific migration of this substance shall not exceed 0.05 mg/kg
19924820000110-15-6Succinic acid          
20024850000108-30-5Succinic anhydride          
20124880000057-50-1Sucrose          
20224887006362-79-45-Sulphoisophthalic acid, monosodium saltThe specific migration of this substance shall not exceed 5 mg/kg
20324888003965-55-75-Sulphoisophthalic acid, monosodium salt, dimethyl esterThe specific migration of this substance shall not exceed 0.05 mg/kg
20424910000100-21-0Terephthalic acidThe specific migration of this substance alone or together with item 205 shall not exceed a total of 7.5 mg/kg
20524940000100-20-9Terephthalic acid dichlorideThe specific migration of this substance along or together with item 204 shall not exceed 7.5 mg/kg (expressed as terephthalic acid)
20624970000120-61-6Terephthalic acid, dimethyl ester          
206A25080001120-36-11-TetradeceneThe specific migration of this substance shall not exceed 0.05 mg/kg
20725090000112-60-7Tetraethylene glycol          
20825120000116-14-3TetrafluoroethyleneThe specific migration of this substance shall not exceed 0.05 mg/kg
20925150000109-99-9TetrahydrofuranThe specific migration of this substance shall not exceed 0.6 mg/kg
21025180000102-60-3N,N,N'N'-Tetrakis (2-hydroxypropyl)- ethylenediamine          
21125210000584-84-92,4-Toluene diisocyanateQM(T) = 1 mg/kg

(expressed as NCO) (25)

21225240000091-08-72,6-Toluene diisocyanateQM(T) = 1 mg/kg

(expressed as NCO) (25)

21325270026747-90-02,4-Toluene diisocyanate dimerQM(T) = 1 mg/kg (expressed as NCO) (25)
21425360          Trialkyl (C5-C15) acetic acid, 2,3-epoxypropyl esterThe quantity of this substance in the finished plastic material or article shall not exceed 1 mg/kg (expressed as epoxy group, molecular weight = 43)
214A25380          Trialkyl acetic acid (C7 – C17), vinyl esters (= vinyl versatate)QMA = 0.05 mg/6 dm²
214B25385000102-70-5TriallylamineIn compliance with the specifications laid down in Schedule 4
21525420000108-78-12,4,6-Triamino-1,3,5-triazineThe specific migration of this substance shall not exceed 30 mg/kg
215A25450026896-48-0Tricyclodecanedime-thanolSML = 0.05 mg/kg
21625510000112-27-6Triethylene glycol          
21725600000077-99-61,1,1-TrimethylolpropaneThe specific migration of this substance shall not exceed 6 mg/kg
217A25840003290-92-41,1,1-trimethylolpropane trimethacrylateSML = 0.05 mg/kg
217B25900000110-88-3TrioxaneSML = 0.05 mg/kg
21825910024800-44-0Tripropylene glycol          
218A25927027955-94-81,1,1-Tris (4-hydroxyphenol) ethaneThe quantity of this substance in the finished plastic material or article shall not exceed 0.5 mg/kg. For use only in polycarbonates
21925960000057-13-6Urea          
22026050000075-01-4Vinyl chlorideThe restrictions are those in regulation 6 (1) of the 2005 Regulations when analysed by the method referred to in regulation 7 of those Regulations
22126110000075-35-4Vinylidene chlorideThe quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg or the specific migration of this substance shall be not detectable (when measured by a method with a limit of detection of 0.05 mg/kg)
22226140000075-38-7Vinylidene fluorideThe specific migration of this substance shall not exceed 5 mg/kg
22326155001072-63-51-VinylimidazoleThe quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
22426170003195-78-6N-Vinyl-N- methylacetamideThe quantity of this substance in the finished plastic material or article shall not exceed 2 mg/kg
22526320002768-02-7VinyltrimethoxysilaneThe quantity of this substance in the finished plastic material or article shall not exceed 5 mg/kg
22626360007732-18-5WaterIn compliance with Directive 98/83/EC on the quality of water intended for human consumption



PART 2

Supplementary

    1.In regulation 4 and Part 1 of this Schedule—

    (a) the PM/REF number. of any substance is its EEC packaging material reference number;

    (b) the CAS number of any substance is its CAS (Chemical Abstracts Service) Registry Number;

    (c) the name of any substance is its chemical name, and to the extent that there is any inconsistency between the CAS number and the name, the name shall take precedence over the CAS number; and

    (d) references to specific migration are to be taken to mean specific migration as measured in accordance with Schedules 5 and 6.

    2.If a substance appearing in Part 1 of this Schedule as an individual compound also falls within a generic term which appears therein, any restriction applying to that substance shall be that indicated for the individual compound and the entry applying to the generic term shall be treated as varied to such extent as is necessary.

    3.—(1) The items identified in Part 1 of this Schedule shall be taken to include—

    (a) substances undergoing polymerisation (including polycondensation, polyaddition or any other similar process) to manufacture macromolecules;

    (b) natural or synthetic macromolecular substances used in the manufacture of modified macromolecules, if the monomers required to synthesise them are not so identified; and

    (c) substances used to modify existing natural or synthetic macromolecular substances.

    (2) If a substance identified in Part 1 of this Schedule is an acid, a phenol or an alcohol and has salts (including double salts) of one or more of the following names (that is to say salts of aluminium, ammonium, calcium, iron, magnesium, potassium, sodium or zinc) then any such salts shall be treated as included in the specification of that substance.

    (3) If, as indicated in paragraph 2 of Annex II to the Directive, a substance is identified in Part 1 of this Schedule as an "… acid, salt" and has salts of one or more of the following names (that is to say salts of aluminium, ammonium, calcium, iron, magnesium, potassium, sodium or zinc), then the free acid corresponding to that substance is not treated as included in the specification of that substance.

    4.Where an entry in column 4 of Part 1 of this Schedule (restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in that Part —

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

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

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

    (4): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.

    (5): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.

    (14): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.

    (21): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260, 18670, 54880 and 59280.

    (22): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.

    (23): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.

    (24): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.

    (25): QM(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the substances having PM/REF/Nos. 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270.

    (27): QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 10599/90A, 10599/91, 10599/92A and 10599/93.

    (28): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 13480 and 39680.

    (29): SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 22775 and 69920.

    (32): Compliance testing when there is a fat contact should be performed using isooctane as substitute of simulant D (unstable).

    (33): QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 14800 and 45600.



SCHEDULE 2
Regulations 5 and 7


Authorised Additives




PART 1

Incomplete List of Additives Used in the Manufacture of Plastic Materials and Articles (not being Additives to which Paragraph 5 of Part 3 of this Schedule Applies)

Item1

PM/REF No.

2

CAS No.

3

Name

4

Restrictions and specifications

130000000064-19-7Acetic acid          
230045000123-86-4Acetic acid, butyl ester          
2A30080004180-12-5Acetic acid, copper saltSML(T) = 30 mg/kg (7) (expressed as copper)
330140000141-78-6Acetic acid, ethyl ester          
430280000108-24-7Acetic anhydride          
530295000067-64-1Acetone          
630370-Acetylacetic acid, salts          
730400-Acetylated glycerides          
7A30610-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)          
7B30612-Acids C2-C24 aliphatic linear, monocarboxylic, synthetic and their mono-, di- and triglycerol esters          
830960-Acids, aliphatic, monocarboxylic (C6-C22), esters with polyglycerol          
931328-Acids, fatty, from animal or vegetable foods fats and oils          
9A31530123968-25-2Acrylic acid, 2,4-di-tert-pentyl-6[1(3,5-di-tert-pentyl-2- hydroxyphenyl) ethyl] phenyl esterThe specific migration of this substance shall not exceed 5 mg/kg
1031730000124-04-9Adipic acid          
1133120-Alcohol's, aliphatic, monohydric, saturated, linear, primary (C4-C24)          
1233350009005-32-7Alginic acid          
12A33801-n-Alkyl (C10-C13) benzenesulphonic acidThe specific migration of this substance shall not exceed 30 mg/kg
1334281-Alkyl (C8-C22) sulphuric acids, linear, primary, with an even number of carbon atoms          
1434475-Aluminium calcium hydroxide phosphite, hydrate          
1534480-Aluminium fibres, flakes and powders          
1634560021645-51-2Aluminium hydroxide          
1734690011097-59-9Aluminium magnesium carbonate hydroxide          
1834720001344-28-1Aluminium oxide          
18A34850143925-92-2Amines, bis (hydrogenated tallow alkyl) oxidisedQM = For use only:

    (a) in polyolefines at 0.1% (w/w) not in LDPE when it is in contact with foods for which Directive 85/572/EEC establishes a reduction factor less than 3;

    (b) in PET at 0.25% (w/w) in contact with foods other than those for which the simulant D is laid down in Directive 85/572/EEC SML = 0.05 mg/kg

18B34895000088-68-62-AminobenzamideSML = 0.05 mg/kg. To be used only for PET for water and beverages
1935120013560-49-13-Aminocronic acid, diester with thiobis (2-hydroxyethyl) ether          
19A35160006642-31-56-Amino-1,3-dimethyluracilSML = 5 mg/kg
19B35170000141-53-52-AminoethanolSML = 0.05 mg/kg. Not for use in polymers contacting foods for which simulant D is laid down in Council Directive 85/572/EEC and for indirect food contact only, behind the PET layer
19C35284000111-41-1N-(2-aminoethyl) ethanolamineSML = 0.05 mg/kg. Not for use in polymers contacting foods for which simulant D is laid down in Council Directive 85/572/EEC and for indirect food contact only, behind the PET layer
2035320007664-41-7Ammonia          
2135440001214-97-9Ammonium bromide          
2235600001336-21-6Ammonium hydroxide          
2335840000506-30-9Arachidic acid          
2435845007771-44-0Arachidonic acid          
2536000000050-81-7Ascorbic acid          
2636080000137-66-6Ascorbyl palmitate          
2736160010605-09-1Ascorbyl stearate          
27B36840012007-55-5Barium tetraborateSML(T) = 1 mg/kg expressed as barium (11) and SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption
2836880008012-89-3Beeswax          
2936960003061-75-4Behenamide          
3037040000112-85-6Behenic acid          
3137280001302-78-9Bentonite          
31A37360000100-52-7Benzaldehyde(10)
3237600000065-85-0Benzoic acid          
3337680000136-60-7Benzoic acid, butyl ester          
3437840000093-89-0Benzoic acid, ethyl ester          
3538080000093-58-3Benzoic acid, methyl ester          
3638160002315-68-6Benzoic acid, propyl ester          
36A38320005242-49-94-(2-benzoxazolyl)-4'- (5-methyl-2-benzoxazolyl) stilbeneIn compliance with the specifications laid down in Schedule 4
36B38510136504-96-61,2-Bis(3-aminopropyl) ethylenediamine, polymer with N-butyl-2,2,6,6-tetramethyl-4-piperidinamine and 2,4,6-trichloro-1,3,5-triazineThe specific migration of this substance shall not exceed 5 mg/kg
36C38515001533-45-54,4'-Bis(2-benzoxazolyl) stilbeneThe specific migration of this substance shall not exceed 0.05 mg/kg (1)
36D38810080693-00-1Bis(2,6-di-tert-butyl-4-methylphenyl) pentaerythritol diphosphiteThe specific migration of this substance shall not exceed 5 mg/kg (sum of phosphite and phosphate)
36E38840154862-43-8Bis(2,4-dicumylphenyl) pentaerythritoldiphosphiteSML = 5 mg/kg (as sum of the substance itself, its oxidised form bis (2,4-dicumylphenyl) pen-taerythritol-phosphate and its hydrolysis product (2,4-dicumylphenol)
36F38879135861-56-2Bis (3,4-dimethylbenzylidene) sorbitol          
3738950079072-96-1Bis(4-ethylbenzylidene) sorbitol          
37A39200006200-40-4Bis (2-hydroxyethyl)-2-hydroxypropyl-3-(dodecyloxy) methylammonium chlorideThe specific migration of this substance shall not exceed 1.8 mg/kg
37AA39680000080-05-72,2-Bis(4-hydroxyphenyl) propaneSML(T) = 0.6 mg/kg (28)
37B39815182121-12-69,9-Bis(methoxymethyl) fluoreneThe quantity of this substance in the finished plastic material or article shall not exceed 0.05 mg/6 dm²
3839890087826-41-3Bis(methylbenzylidene) sorbitol          
                    069158-41-4Ditto          
                    054686-97-4Ditto          
                    081541-12-0Ditto          
38A39925129228-21-33,3-Bis (methoxymethyl)- 2,5-dimethyl hexaneSML = 0.05 mg./kg
38B40120068951-50-8Bis(polyethyleneglycol) hydroxymethylphosphonateSML = 0.6 mg/kg
38C40320010043-35-3Boric acidSML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption
3940400010043-11-5Boron nitride          
4040570000106-97-8Butane          
40A40580000110-63-41,4,-Buta