The Plastic Materials and Articles in Contact with Food Amendment (Scotland) Regulations 2005 No. 92

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SCOTTISH STATUTORY INSTRUMENTS

2005 No.92
FOOD
The Plastic Materials and Articles in Contact with Food Amendment (Scotland) Regulations 2005

	Made	1st March 2005
	Laid before the Scottish Parliament	1st March 2005
	Coming into force	24th March 2005

The Scottish Ministers in exercise of the powers conferred by sections 16(2), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990[1] and of all other powers enabling them in that behalf, having had regard, in accordance with section 48(4A)[2] of that Act, to relevant advice given by the Food Standards Agency, 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 2005 and come into force on 24th March 2005.

    (2) These Regulations extend to Scotland only.

Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998
     2. The Plastic Materials and Articles in Contact with Food Regulations 1998[3] ("the principal Regulations") are amended in accordance with regulations 3 to 16 of these Regulations.

     3. In regulation 2 (interpretation) paragraph (1)-

" "additive" means a substance as defined in paragraph 1 of the general introduction to Annex III to the Directive as read with paragraph 3 of article 4 of the Directive;";

(b) after the definition of "Council Directive 82/711" insert-

" "Council 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[

(c) at the end of the definition of "the Directive" insert "and Commission Directive 2004/19/EC"[9];

(d) omit the definition of "EEA Agreement";

(e) for the definition of "EEA State" substitute ""EEA State" means a Member State (other than the United Kingdom), Norway, Iceland or Liechtenstein;";

(f) after the definition of "EEA State" insert-

"EFSA" means the European Food Safety Authority;";

(g) after the definition of "preparation" insert-

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

(a) in paragraph (2) omit sub paragraphs (a) and (b); and

(b) in paragraph (5)(b)(ii) after "material" wherever it appears, insert "or article".

5. In regulation 5 (restriction on the use of additives in the manufacture of plastic materials and articles)-

(a) at the end of paragraph (1) insert-

(b) in paragraph (4)(b)(ii) after "material" wherever it appears, insert "or article"."

6. After regulation 5A insert-

     " 5B. Applications for inclusion of an additive in the Community list of authorised additives

    (1) This regulation applies to any person who 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) An 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 lawful, continue to be so used until EFSA has issued an opinion, provided such information 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.".

7. For regulation 8 (labelling) substitute-

" 8. At marketing stages other than the retail stage a person who is in possession of any plastic material or article intended to come into contact with food shall ensure that the plastic material or article is accompanied by a written declaration which-

sufficient to enable the user of those materials and articles to comply with the legislation applicable to food.".

8. In regulation 10 (offences)-

(a) in paragraph (1) for "8(1)" substitute "8";

(b) after paragraph (24) insert-

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

9. In Schedule 1, Part I-

(a) in Section A (monomers authorised without time limit)-

(b) omit Sections B and C.

10. In Schedule 1, Part II (supplementary) paragraph 4-

(a) in note (21) for "and 18670" substitute ", 18670, 54880 and 59280";

(b) after note (25) insert-

    " (26) 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.

    (27) 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.

    (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. 22775 and 69920.

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

    (32) 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."

11. In Schedule 2, Part I (incomplete list of additives used in the manufacture of plastic materials and articles)-

(a) insert in appropriate numerical order the entries set out in Schedule 3 to these Regulations;

(b) for items 60A and 198A substitute the entries set out in Schedule 4 to these Regulations;

(c) delete items 112, 173A, 195C and 240 and their corresponding entries.

12. In Schedule 2, Part II (incomplete list of additives used in the manufacture of plastic materials and articles being additives to which paragraph 5 of Part III of Schedule 2 applies) -

(a) insert in appropriate numerical order the entries set out in Schedule 5 to these Regulations;

(b) delete items 28, 80 and 111A and their corresponding entries.

13. In Schedule 2, Part III (supplementary)-

(a) in paragraph 4-

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

    (26) 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.

    (27) 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.

    (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. 22775 and 69920.

    (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. 86480, 86960 and 87120.

    (30) Compliance testing when there is a fat contact should be performed using saturated fatty food simulants as simulant D.

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

    (32) 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.

    (33) 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. 55200, 55280 and 55360.";

(b) in paragraph 5 for "1st January 2004" substitute "1st July 2006".

14. In Schedule 2A (products obtained by bacterial fermentation)-

(a) for the entry in Column 2 (CAS No.) substitute "080181-31-3";

(b) for the entry in Column 4 (restrictions and specifications) substitute-

" In compliance with specifications included in Schedule 2B".

15. For Schedule 2B (specifications) substitute the contents of Schedule 6 to these Regulations.

16. For paragraph 4(b) of Part I (basic rules) of Schedule 4 (overall and specific migration testing using food simulants) substitute-

RHONA BRANKIN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
1st March 2005

SCHEDULE 1Regulation 9(a)(ii)

(ENTRIES TO BE INSERTED IN 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
6A	10599/90A	061788-89-4	Acids, fatty, unsaturated (C₁₈), dimers, distilled	QMA(T) = 0.05 mg/6 dm² ⁽²⁶⁾
6B	10599/91	061788-89-4	Acids, fatty, unsaturated (C₁₈), dimers, non distilled	QMA(T) = 0.05 mg/6 dm² ⁽²⁶⁾
6C	10599/92A	068783-41-5	Acids, fatty, unsaturated (C₁₈), dimers, hydrogenated, distilled	QMA(T) = 0.05 mg/6 dm² ⁽²⁶⁾
6D	10599/93	068783-41-5	Acids, fatty, unsaturated (C₁₈), dimers, hydrogenated, non distilled	QMA(T) = 0.05 mg/6 dm² ⁽²⁶⁾
37A	13323	000102-40-9	1,3-Bis(2-hydroxyethoxy) benzene	SML = 0.05 mg/kg
68MA	14800	003724-65-0	Crotonic acid	QMA(T) = 0.05 mg/6 dm² ⁽³²⁾
87A	16210	006864-37-5	3,3'-Dimethyl-4,4'-diaminodicyclohexylmethane	SML = 0.05 mg/kg (³¹). To be used only in polyamides.
89A	16540	000102-09-0	Diphenyl carbonate	SML = 0.05 mg/kg
101A	17110	016219-75-3	5-Ethylidenebicyclo[2,2,1]hept-2-ene	" QMA = 0.05 mg/6 dm². The ratio surface / quantity of food shall be lower than 2 dm²/kg
118MA	18700	000629-11-8	1,6-Hexanediol	SML = 0.05 mg/kg
120ZA	18896	001679-51-2	4&-(Hydroxymethyl)-1-cyclohexeneSML; = 0.05 mg/kg
135BM	20440	000097-90-5	Methacrylic acid, diester with ethyleneglycol	SML = 0.05 mg/kg
142A	21400	054276-35-6	Methacrylic acid, sulphopropyl ester	QMA = 0.05 mg/6 dm²
156XA	22775	000144-62-7	Oxalic acid	SML(T) = 6 mg/kg⁽²⁸⁾
161A	23070	000102-39-6	(1,3-Phenylenedioxy)diacetic acid"	QMA = 0.05 mg/6 dm²

SCHEDULE 2Regulation 9(a)(ii)

(ENTRIES TO BE SUBSTITUTED FOR ENTRIES IN 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
15A	11530	00999-61-1	Acrylic acid, 2-hydroxypropyl ester	QMA = 0.05 mg/6 dm² for the sum of acrylic acid, 2-hydroxypropyl ester and acrylic acid, 2-hydroxyisopropyl ester and in compliance with the specifications laid down in Schedule 2B
39	13480	000080-05-7	2,2-Bis(4-hydroxyphenyl) propane	SML(T) = 0.6 mg/kg ⁽²⁷⁾
70	14950	003173-53-3	Cyclohexyl isocyanate	QM(T) = 1 mg/kg in FP (expressed as NCO) ⁽²⁵⁾
120B	18898	000103-90-2	N-(4-Hydroxyphenyl) acetamide	SML = 0.05 mg/kg
147	22150	000691-37-2	4-Methyl-1-pentene	SML = 0.05 mg/kg
147A	22331	025513-64-8	Mixture of (35-45% w/w) 1,6-diamino-2,2,4-trimethylhexane and (55-65% w/w) 1,6-diamino-2,4,4-trimethylhexane	QMA = 5 mg/6 dm²
147B	22332	-	Mixture of (40% w/w) 2,2,4-trimethylhexane-1,6-diisocyanate and (60% w/w) 2,4,4-trimethylhexane-1,6-diisocyanate	QM(T)= 1 mg/kg (expressed as NCO) ⁽²⁵⁾
188	24190	065997-05-9	Rosin Wood"

SCHEDULE 3Regulation 11(a)

(ENTRIES 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
"18A	34850	143925-92-2	Amines, bis(hydrogenated tallow alkyl) oxidised	QM = For use only: (a) in polyolefines at 0.1% (w/w) but not in LDPE when it is in contact with foods for which the Directive 85/572/EEC establishes a reduction factor less than 3; (b) in PET at 0.25% (w/w) in contact with foods other of those for which the simulant D is laid down in Directive 85/572/EEC
18B	34895	000088-68-6	2-Aminobenzamide	SML = 0.05 mg/kg. To be used only for PET for water and beverages
37AA	39680	000080-05-7	2,2-Bis(4-hydroxyphenyl) propane	SML(T) = 0.6 mg/kg ⁽²⁷⁾
51A	42880	008001-79-4	Castor oil
61A	45600	003724-65-0	Crotonic acid	QMA(T) = 0.05 mg/6 dm² ⁽³²⁾
61B	45640	005232-99-5	2-Cyano-3,3-dipheneylacrylic acid, ethyl ester	SML = 0.05 mg/kg
69A	46700	-	5,7-di-tert-Butyl-3-(3,4-and 2,3-di-methylphenyl)-3H-benzofuran-2-one containing: (a) 5,7-di-tert-butyl-3-(3,4-dimethylphenyl)-3H-benzofuran-2-one (80-100% w/w); and (b) 5,7-di-tert-butyl-3-(2,3-dimethylphenyl)-3H-benzofuran-2-one (0-20% w/w)	SML = 5 mg/kg
69B	46720	004130-42-1	2,6-Di-tert-butyl-4-ethylphenol	QMA = 4.8 mg/6 dm²
109A	56535	-	Glycerol, esters with nonanoic acid
131A	59280	000100-97-0	Hexamethylenetetramine	SML(T) = 15 mg/kg (²¹) (expressed as Formaldehyde)
178A	68078	027253-31-2	Neodecanoic acid, cobalt salt	SML(T) = 0.05 mg/kg (expressed as Neodecanoic acid) and SML(T) = 0.05 mg/kg ⁽¹³⁾ (expressed as Cobalt). Not for use in polymers contacting foods for which simulant D is laid down in Directive 85/572/EEC
182A	69920	000144-62-7	Oxalic acid	SML(T) = 6 mg/kg ⁽²⁸⁾
195D	76866	-	Polyesters of 1,2-propanediol and/or 1,3- and/or 1,4-butanediol and/or polypropyleneglycol with adipic acid, which may be end-capped with acetic acid or fatty acids C₁₂-C₁₈ or n-octanol and / or n-decanol	SML = 30 mg/kg
240ZA	85601	-	Silicates, natural (with the exception of asbestos)
280B	95000	028931-67-1	Trimethylolpropane trimethacrylatemethyl methacrylate copolymer"

SCHEDULE 4Regulation 11(b)

(ENTRIES TO BE SUBSTITUTED FOR ENTRIES IN PART I OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS)

	1	2	3	4
Item	PM/REF No.	CAS No.	Name	Restrictions and specifications
60A	45450	068610-51-5	p-Cresol-dicyclopentadiene-isobutylene, copolymer	SML = 5 mg/kg
198A	77895	068439-49-6	Polyethyleneglycol (EO = 2-6) monoalkyl (C₁₆-C₁₈) ether	SML = 0.05 mg/kg and in compliance with the specifications laid down in Schedule 2B"

SCHEDULE 5Regulation 12(a)

(ENTRIES TO BE INSERTED IN PART II OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

	1	2	3	4
Item	PM/REF No.	CAS No.	Name	Restrictions and specifications
4A	34650	151841-65-5	Aluminium hydroxybis [2,2'-methylenebis (4,6-di-tert-butylphenyl) phospate	SML = 5 mg/kg
7A	38000	000553-54-8	Benzoic acid, lithium salt	SML(T) = 0.6 mg/kg ⁽⁸⁾ (expressed as Lithium)
18A	40720	025013-16-5	tert-Butyl-4-hydroxyanisole (= BHA)	SML = 30 mg/kg
27B	46640	000128-37-0	2,6-Di-tert-butyl-p-cresol (= BHT)	SML = 3.0 mg/kg
54A	54880	000050-00-0	Formaldehyde	SML(T) = 15 mg/kg (²¹)
54B	55200	001166-52-5	Gallic acid, dodecyl ester	SML(T) = 30 mg/kg ⁽³³⁾
54C	55280	001034-01-1	Gallic acid, octyl ester	SML(T) = 30 mg/kg ⁽³³⁾
54D	55360	000121-79-9	Gallic acid, propyl ester	SML(T) = 30 mg/kg ⁽³³⁾
79A	67896	020336-96-3	Myristic acid, lithium salt	SML(T) = 0.6 mg/kg ⁽⁸⁾ (expressed as Lithium)
83A	71935	007601-89-0	Perchloric acid, sodium salt monohydrate	SML 0.0 5 mg/kg ⁽³⁰⁾
88A	76680	068132-00-3	Polycyclopentadiene, hydrogenated	SML = 5 mg/kg ⁽¹⁾
100A	86480	007631-90-5	Sodium bisulphite	SML(T) = 10 mg/kg ⁽²⁹⁾ (expressed as S0₂)
102A	86920	007632-00-0	Sodium nitrite	SML = 0.6 mg/kg
102B	86960	007757-83-7	Sodium sulphite	SML(T) = 10 mg/kg ⁽²⁹⁾ (expressed as S0₂)
102C	87120	007772-98-7	Sodium thiosulphate	SML(T) = 10 mg/kg ⁽²⁹⁾ (expressed as S0₂)
110A	94400	036443-68-2	Triethyleneglycol bis[3-(3-tert-butyl-4-hydroxy-5-methylphenyl) propionate]"	SML = 9 mg/kg

SCHEDULE 6Regulation 15

(SUBSTITUTE FOR SCHEDULE 2B TO THE PRINCIPAL REGULATIONS)

" SCHEDULE 2B

Regulation 7A

SPECIFICATIONS

	1	2
Item	PM/REF No.	Specifications
1	11530	Acrylic acid, 2-hydroxypropyl ester. It may contain up to 25% (m/m) of acrylic acid, 2-hydroxyisopropyl ester (CAS No. 002918-23-2)
2	16690	Divinylbenzene It may contain up to 45% (m/m) of Ethylvinylbenzene
3	18888	3-Hydroxybutanoic acid-3-hydroxypentanoic acid, copolymer
		Definition	The 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-hydroxybutanoate-co-3-D-hydroxypentanoate)
		CAS number	080181-31-3
		Structural formula			CH₃
					\|
			CH₃	O	CH₂	O
			\|	\|\|	\|	\|\|
			(-O-CH-CH2-C-)m-(O-CH-CH2-C-)n
			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-hydroxybutanoate-co-3-D-hydroxypentanoate) analysed after hydrolysis as a mixture of 3-D-hydroxybutanoic and 3-D-hydroxypentanoic acids
		Description	White to off-white powder after isolation
		Characteristics
		Identification tests:
		Solubility	Soluble in chlorinated hydrocarbons such as a chloroform or dichloromethane but practically insoluble in ethanol, aliphatic alkanes and water
		Restriction	QMA for crotonic acid is 0.05 mg/6 dm²
		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
4	23547	Polydimethylsiloxane (Mw > 6800) Minimum viscosity 100 × 10^-⁶ m²/s (= 100 centistokes) at 25°C
5	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.
6	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)
7	43680	Chlorodifluoromethane Content of chlorofluoromethane less than 1 mg/kg of the substance
8	47210	Dibutylthiostannoic acid polymer Molecular unit = (C₈H₁₈S₃Sn₂)n (n = 1.5-2)
9	76721	Polydimethylsiloxane (Mw > 6800) Minimum viscosity 100 × 10^-⁶ m²/s (= 100 centistokes) at 25°C
10	77895	Polyethyleneglycol (EO = 2-6) monoalkyl (C₁₆-C₁₈) ether The composition of this mixture is as follows: - polyethyleneglycol (EO = 2-6) monoalkyl (C₁₆-C₁₈) ether (approximately 28%) - fatty alcohols (C₁₆-C₁₈) (approximately 48%) - ethyleneglycol monoalkyl (C₁₆-C₁₈) ether (approximately 24%)
11	83595	Reaction product of di-tert-butylphosphonite with biphenyl, obtained by condensation of 2,4-di-tert-butylphenol with Friedel Craft reaction product of phosphorus trichloride and biphenyl Composition - 4,4'-Biphenylene-bis [0,0-bis (2,4-di-tert-butylphenyl) phosphonite] (CAS No. 38613-77-3) (36-46% w/w ()) - 4,3'-Biphenylene-bis [0,0-bis (2,4-di-tert-butylphenyl) phosphonite] (CAS No. 118421-00-4) (17-23% w/w ()) - 3,3'-Biphenylene-bis [0,0-bis (2,4-di-tert-butylphenyl) phosphonite] (CAS No. 118421-01-5) (1-5% w/w ()) - 4-Biphenylene-0,0-bis (2,4-di-tert-butylphenyl) phosphonite (CAS No. 91362-37-7) (11-19% w/w ()) - Tris (2,4-di-tert-butylphenyl) phosphite (CAS No. 31570-04-4) (9-18% w/w ()) - 4,4'-Biphenylene-0,0-bis (2,4-di-tert-butylphenyl) phosphonate-0,0-bis (2,4-di-tert-butylphenyl) phosphonite (CAS No. 112949-97-0) (<5% w/w ()) Other specifications - Phosphor content of minimum 5.4% to maximum 5.9% - Acid value of maximum 10 mg KOH per gram - Melt range of 85-110°C
12	88640	Soyabean oil, epoxidized Oxirane < 8%, iodine number < 6
13	95859	Waxes, refined, derived from petroleum based or synthetic hydrocarbon feedstocks The product shall 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 × 10^-⁶ m²/s (= 11 centistokes) at 100°C - Average molecular weight not less than 500
14	95883	White mineral oils, paraffinic derived from petroleum hydrocarbon feedstocks The product shall 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 × 10^-⁶ m²/s (= 8.5 centistokes) at 100°C - Average molecular weight not less than 480"

Note:-(*) Quantity of substance used/quantity of formulation.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, further amend the Plastic Materials and Articles in Contact with Food Regulations 1998 (S.I. 1998/1376), ("the 1998 Regulations"), which extend to the whole of Great Britain. These Regulations implement, in Scotland, Commission Directive 2004/19/EC (O.J. No. L 71, 10.3.04, p.8) amending Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs (O.J. No. L 220, 15.8.02, p.18), ("the Directive").

The Regulations amend the 1998 Regulations by-

They also amend the Schedules to the 1998 Regulations by-

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations are likely to 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.

Notes:

[1] 1990 c.16; section 1(1) and (2) (definition of "food") was substituted by S.I. 2004/2990; sections 16(2) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 ("the 1999 Act"); section 17(1) was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act; section 26(3) was amended by Schedule 6 to the 1999 Act; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) ("the 1998 Act") 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 1998 Act.back

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

[3] S.I. 1998/1376, relevantly amended by S.S.I. 2000/431, S.S.I. 2002/498, S.S.I. 2003/9 and S.S.I. 2004/524.back

[4] O.J. No. L 184, 15.7.88, p.61.back

[5] O.J. No. L 345, 14.12.88, p.29.back

[6] O.J. No. L 42, 15.2.91, p.25.back

[7] O.J. No. L 140, 11.2.89, p.27.back

[8] O.J. No. L 237, 10.9.94, p.1.back

[9] O.J. No. L 71, 10.3.04, p.8.back

[10] O.J. No. L 178, 28.7.95, p.1.back

[11] O.J. No. L257, 19.9.98, p. 35.back

[12] O.J. No. L 198, 4.8.00, p.41.back

[13] O.J. No. L 190, 12.7.01, p.18.back

[14] O.J. No. L 114, 21.4.04, p.15.back

[15] O.J. No. L 226, 22.9.95, p.1.back

[16] O.J. No. L 206, 5.8.99, p.19.back

[17] O.J. No. L 190, 12.7.01, p.14.back

[18] O.J. No. L 113, 20.4.04, p.24.back

[19] O.J. No. L 339, 30.12.96, p.1.back

[20] O.J. No. L 334, 9.12.98, p.1.back

[21] O.J. No. L 277, 30.10.00, p.1.back

[22] O.J. No. L 146, 31.5.01, p.1.back

[23] O.J. No. L 292, 28.10.02, p.1.back

[24] O.J. No. L 283, 31.10.03, p.71.back

ISBN 0 11 069446 5

Prepared 7 March 2005

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Plastic Materials and Articles in Contact with Food Amendment (Scotland) Regulations 2005 No. 92 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050092.html