European Communities (Materials and Articles Intended to Come Into Contact With Foodstuffs) (Amendment) (No. 2) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs)(Amendment)(No. 2) Regulations 2005.
(2) These Regulations shall be included in the collective citation “European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 1991 to 2005”.
num: 2
paragraphs: The European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations 1991 ( S.I. No. 307 of 1991 ) are amended—
(a) in Regulation 2(1) in the definition of “Commission Directives” by substituting for paragraphs (r and (s) the following:
“(r) Commission Directive 2002/16/EC of 20 February 20022 ,
(s) Commission Directive 2004/13/EC of 29 January 20043 , and
(t) Commission Directive 2004/14/EC of 29 January 20041 ;”,
(b) by substituting the following for Regulation 7:
“7. (1) (a) Subject to subparagraph (b) of this paragraph, this Regulation applies to regenerated cellulose film within the meaning of Annex 1 that—
(i) constitutes a finished product in itself, or
(ii) forms part of a finished product containing other materials,
and is intended to come into contact with foodstuffs, or, by virtue of its purpose, comes into contact with foodstuffs.
(b) This Regulation applies to regenerated cellulose film of the following types:
(i) uncoated regenerated cellulose film (‘type 1 film’);
(ii) coated regenerated cellulose film with coating derived from cellulose (‘type 2 film’);
(iii) coated regenerated cellulose film with coating consisting of plastics (‘type 3 film’).
(2) This Regulation does not apply to synthetic casings of regenerated cellulose film.
(3) A person shall not permit a printed surface of regenerated cellulose film to come into contact with foodstuffs.
(4) (a) A person shall not sell whether by retail or otherwise materials or articles made of regenerated cellulose film, being film in respect of which special conditions of use are indicated, unless the materials or articles are labelled accordingly.
(b) (i) A person shall not place on the market, otherwise than by retail, materials or articles made of regenerated cellulose film unless the materials or articles are accompanied by a written declaration in accordance with Article 6(5) of Directive 89/109/ EEC.
(ii) This subparagraph does not apply to materials and articles made of regenerated cellulose film that by their nature are clearly intended to come into contact with foodstuffs.
(5) (a) Subject to subparagraph (b) of this paragraph and, where applicable, paragraph 8, a person shall not—
(i) manufacture,
(ii) sell,
(iii) import,
(iv) otherwise engage in trade in, or
(v) use in the course of any business in connection with the storage, preparation packaging, selling or serving of foodstuffs,
type 1 film or type 2 film.
(b) This paragraph does not apply to type 1 film or type 2 film that was manufactured—
(i) using only substances or groups of substances listed in Annex II subject to the restrictions set out in Annex II, or
(ii) using substances other that those listed in Annex II when these substances are employed as colouring matter (dyes and pigments) or adhesives, provided there is no trace of migration of the substances into or onto foodstuffs.
(6) (a) Subject to subparagraph (b) of this paragraph and, where applicable, paragraph (8), a person shall not—
(i) manufacture,
(ii) sell,
(iii) import,
(iv) otherwise engage in trade in, or
(v) use in the course of any business in connection with the storage, preparation packaging, selling or serving of foodstuffs,
type 3 film,
(b) This paragraph does not apply to type 3 film that is—
(i) manufactured, prior to coating, using only substances or groups of substances listed in the first part of Annex II, subject to—
(I) the restrictions set out in that part, and
(II) the articles and materials made of type 3 film complying with Articles 2, 7 and 8 of Directive 2002/72/EC,
and
(ii) coated with material manufactured only from substances or groups of substances listed in Annexes II to VI to Directive 2002/72/EC subject to the restrictions set out in those Annexes.
(7) In this Regulation, unless the context otherwise requires—
‘Directive’ means Commission Directive 93/10/EEC of 15 March 1993, as stands amended for the time being;
‘Annex I’ means Annex I to the Directive;
‘Annex II’ means Annex II to the Directive.
(8) (a) Notwithstanding paragraphs (5) and (6), where the manufacture and importation of regenerated cellulose film was lawful prior to the coming into operation of this Regulation, that manufacture and importation shall continue to be lawful.
(b) This paragraph shall expire on 29 January 2006.”,
and
(c) in Regulation 16(1) by substituting for “7(3), 7(5)” the following:
“7(3), 7(4)(a), 7(4)(b), 7(5) 7(6)”.