European Union (Plastics and other materials) (Contact with food) Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 49/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st February, 2017.

I, MICHAEL CREED, Minister for Agriculture Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No.78/142/EEC of 30 January 19781 , Council Directive No. 84/500/EEC of 15 October 19842 (as amended by Commission Directive No. 2005/31/EC of 29 April 20053 ), Commission Directive No. 93/11/EEC of 5 March 19934 , and Commission Directive No. 2007/42/EC of 29 June 20075 and full effect to Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 20046 , Commission Regulation (EC) No. 1895/2005 of 18 November 20057 , Commission Regulation (EC) No. 2023/2006 of 22 December 20068 (as amended by Commission Regulation (EC) No. 282/2008 of 27 March 2008)9 ; Commission Regulation (EC) No. 450/2009 of 29 May 200910 , Commission Regulation (EU) No. 10/2011 of 14 January 201111 (as amended by Commission Implementing Regulation (EU) No 321/2011 of 1 April 201112 , Commission Regulation (EU) No 1282/2011 of 28 November 201113 , Commission Regulation (EU) No 1183/2012 of 30 November 201214 ,Commission Regulation (EU) No 202/2014 of 3 March 201415 , Commission Regulation (EU) No 865/2014 of 8 August 201416 ,Commission Regulation (EU) 2015/174 of 5 February 201517 and Commission Regulation (EU) 2016/1416 of 24 August 201618 ), and Commission Regulation (EU) No. 284/2011 of 22 March 201119 , hereby make the following regulations:

Citation and commencement.

1. These Regulations may be cited as the European Union (Plastics and other materials) (Contact with food) Regulations 2017.

Interpretation.

2. (1) In these Regulations

“active and intelligent material Regulation” means Commission Regulation (EC) No. 450/2009 of 29 May 2009;

“authorised officer” means—

(a) an authorised officer within the meaning of the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998),

(b) a person appointed under Regulation 8, (c) a member of the Garda Siochana, or

(d) an officer of Customs and Excise;

“Cellulose Film Directive” means Commission Directive No. 2007/42/EC of 29 June 2007;

“Ceramics Directive” means Council Directive No. 84/500/EEC of 15 October 2004 as amended by Commission Directive No. 2005/31/EC of 29 April 2005;

“Epoxy Derivatives Regulation” means Commission Regulation (EC) No. 1895/2005 of 18 November 2005;

“Framework Regulation” means Regulation (EC) No. 1935/2004 of the Euro- pean Parliament and of the Council of 27 October 2004;

“GMP Regulation” means Commission Regulation (EC) No. 2023/2006 of 22 December 2006 as amended by Commission Regulation (EC) No. 282/2008 of 27 March 2008;

“manufacture” means total or partial manufacture and includes processing, com- pounding, formulating, filling, dividing up, packing, labelling and presentation;

“Official Agency” means an official agency within the meaning of the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);

“Plastics Regulation” means Commission Regulation (EC) No. 10/2011 of 14 January 2011 (as amended by Commission Implementing Regulation(EU) No 321/2011 of 1 April 2011, Commission Regulation (EU) No 1282/2011 of 28 November 2011, Commission Regulation (EU) No 1183/2012 of 30 November 2012, Commission Regulation (EU) No 202/2014 of 3 March 2014, Commission Regulation (EU) No 865/2014 of 8 August 2014, Commission Regulation (EU) 2015/174 of 5 February 2015 and Commission Regulation (EU) 2016/1416 of 24 August 2016);

“Recycled Plastics Regulation” means Commission Regulation (EC) No. 282/2008 of 27 March 2008;

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly;

“supply” includes giving without payment;

“Teats and Soothers Directive” means Commission Directive 93/11/EEC of 5 March 1993;

“Vinyl Chloride Directive” means Council Directive No. 78/142/EEC of 30 January 1978, Commission Directive No. 80/766/ EEC, of 8 July 1980 and Com- mission Directive No. 81/432/EEC of 29 April 1981.

(2) A word or expression that is used in the active and intelligent material Regulation, Cellulose Film Directive, the Ceramics Directive, the Epoxy Derivatives Regulation, the Framework Regulation, the GMP Regulation, the Recycled Plastics Regulation, the Plastic Regulation, the Teats and Soothers Directive, the Vinyl Chloride Directive or Commission Regulation (EU) No. 284/2011 of 22 March 2011 and that is also used in these Regulations has, in these Regulations, the same meaning as in the act of the institutions of the European Union in which the word or expression occurs..

Cellulose Film.

3. (1) This Regulation applies to—

(a) uncoated regenerated cellulose film (hereafter in this Regulation referred to as “type 1 film”),

(b) coated regenerated cellulose film with coating derived from cellulose (hereafter in this Regulation referred to as “type 2 film”), and

(c) coated regenerated cellulose film with coating consisting of plastic (hereafter in this Regulation referred to as “type 3 film”).

(2) A person shall not cause or permit a printed surface of regenerated cellulose film to come in contact with a foodstuff.

(3) A person shall not sell or supply a material or article that consists of or contains regenerated cellulose film in respect of which special conditions of use are indicated, unless the material or article is labelled with the special conditions of use

(4) A person shall not manufacture, sell, supply, import, engage in trade in or use in the course of a business in connection with the storage, preparation, packaging, sale, supply or serving of a foodstuff type 1 film or type 2 film unless the film is manufactured—

(a) in accordance with Annex II to the Cellulose Film Directive using only a substance or group of substances listed in that Annex, or

(b) using a substance not listed in Annex II to the Cellulose Film Directive when the substance is used as a dye, pigment or adhesive, provided there is no trace of migration of the substance onto or into a foodstuff.

Plastics

4. (1) A person who places on the market a plastic material or article that does not comply with Article 4 of the Plastics Regulation commits an offence.

(2) A person who manufactures or imports a plastic material or article intended to come into contact with a foodstuff using a substance that is not on the Union list, in contravention of Article 5 of the Plastics Regulation commits an offence.

(3) Paragraph (2) does not apply to the use of a substance permitted by Article 6 of the Plastics Regulation, subject to compliance with Article 19 of that Regulation.

(4) A person who, in the manufacture of a plastic layer in a plastic material or article intended to come into contact with a foodstuff, uses a substance that does not comply with Article 8 or 9 of the Plastics Regulation commits an offence.

(5) A person who manufactures, imports, sells or supplies, a plastic material or article that does not comply with Article 10 of the Plastics Regulation commits an offence.

(6) A person who manufactures, imports, sells or supplies, a plastic material or article that transfers its constituents to food in quantities exceeding—

(a) the specific migration limit in contravention of Article 11, or

(b) the overall migration limit in contravention of Article 12,

of the Plastics Regulation commits an offence.

(7) A person who manufactures, imports, sells or supplies, a plastic multi-layer material or article that does not comply with Article 13 of the Plastics Regulation commits an offence.

(8) A person who manufactures, imports, sells or supplies, a multi-material multi-layer material or article that does not comply with Articles 14 and 19 of the Plastics Regulation commits an offence.

(9) A person who does not make

(a) a written declaration available, as required by Article 15, or

(b) supporting documentation available as required by Article 16,

of the Plastics Regulation commits an offence.

(10) A person who imports polyamide or melamine plastic kitchenware from China, including Hong Kong, other than in accordance with Article 3 and 4 of Commission Regulation (EU) No. 284/2011 of 22 March 2011 commits an offence.

(11) The designated first points of introduction for the purposes of Article 5 of Commission Regulation (EU) No. 284/2011 of 22 March 2011 are Dublin airport and Dublin port.

Ceramics.

5. A person shall not manufacture, sell, supply, import, engage in trade, in or use in the course of a business in connection with the storage, preparation, packaging, sale, supply or serving of a foodstuff a ceramic article which in its finished state is—

(a) intended to come in contact with a foodstuff, or

(b) in contact with a foodstuff and is intended for a purpose related to a foodstuff,

which transfers, or may transfer, to a foodstuff a quantity of lead or cadmium in excess of the limits laid down in Article 2(4) of the Ceramics Directive or which does not comply with Article 2A of the Ceramics Directive.

Teats and Soothers.

6. A person shall not manufacture, import, export, sell or supply a teat or soother that does not comply with the Teats and Soothers Directive,

Vinyl Chloride Monomer.

7. A person shall not manufacture, sell, supply, import or use in the course of a business in connection with the storage, preparation, packaging, sale, supply or serving of a foodstuff a material or article prepared with a vinyl chloride polymer or copolymer and which contains vinyl chloride monomer exceeding 1 milligram per kilogram of the material or article.

Authorised Officers.

8. (1) The Food Safety Authority of Ireland or an official agency may, by instrument in writing, appoint such and so many of its officers as it thinks fit to...