The Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009

• Citation: S.I. 2009/2938
• Sections: 9

Section 1 Title and commencement

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

Section 2 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

The Materials and Articles in Contact with Food (England) Regulations 2007 are amended in accordance with regulations 3 to 9.

Section 3 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

In regulation 2 (interpretation) —

(a) in paragraph (1) —

(i) after the definition of “Regulation 2023/2006” insert the following definition —

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

(ii) in the definition of “import” for “a Member State” substitute “an EEA State”; and

(b) paragraph (2) is omitted.

Section 4 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

After regulation 4 (enforcement of Regulation 1935/2004) insert the following as regulation 4A —

Enforcement of Regulation 450/2009

(4A) Any person who contravenes any of the following provisions of Regulation 450/2009 is guilty of an offence —

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

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

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

(d) Article 13 (supporting documentation).

Section 5 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

After regulation 6 (competent authorities for the purposes of Regulation 1934/2004), insert the following as regulation 6A —

Competent authorities for the purposes of Regulation 450/2009

(6A) The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).

Section 6 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

In paragraph (2)(a) of regulation 13 (offences and penalties), for “regulation 4 or 5” substitute “regulation 4, 4A or 5”.

Section 7 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

For regulation 14 (enforcement) substitute the following —

(14)

(1) Each food authority in its area and each port health authority in its district shall execute and enforce —

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

(b) the provisions of Regulation 450/2009 mentioned in regulation 4A; and

(c) subject to paragraph (3), these Regulations.

(2) The Food Standards Agency may execute and enforce the provisions of —

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

(b) Article 13 of Regulation 450/2009.

(3) Each food authority in its area shall execute and enforce the provisions of Regulation 2023/2006 mentioned in regulation 5.

Section 8 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

In paragraph (2) of regulation 18 (general defences), for “regulation 4 or 13(1)(a)” substitute “regulation 4, 4A or 13(1)(a)”.

Section 9 Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007

In regulation 21 (application of various provisions of the Act) —

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

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