Draft Plastic Materials and Articles in Contact with Food (England) Regulation 2008

The implementation dates were mentioned in the previous consultation on these regulations, however we are conducting a short consultation to ensure stakeholders are aware of the dates of implementation and have the opportunity to comment.

A copy of the latest draft of the Regulations is attached at the link below. The main change introduced by the insertion into the draft Regulations are at Regulation 22(3), these relate to the transitional provisions contained at Article 3.1 (b) to (d) of Directive 2007/19/EC and these are:

• 3.1(b) prohibit the manufacture and importation into the Community of lids containing a gasket which do not comply with the restrictions and specifications for Ref Nos . 30340, 30401, 36640 , 56800, 76815, 76866, 88640 and 93670 laid down in Directive 2007/72/EC, as amended by Directive 2007/19/EC from 1 July 2008
• 3.1(c) prohibit the manufacture and importation into the Community of plastic materials and articles intended to come into contact with food which do not comply with restrictions and specifications for phthalates Ref No. 74560, 74640 74880, 75100, and 75105 laid down in Directive 2002/72/EC as amended by Directive 2007/19/EC from 1 July 2008
• 3.1(d) without prejudice to point (b) and (c) above, prohibit the manufacture and importation into the Community of plastic materials and articles intended to come into contact with food which do not comply with Directive 2002/72/EC as amended by Directive 2007/19/EC from 1 May 2009

Submitting comments on the draft regulations
We would welcome comments on this insertion of Regulation 22(3) into the draft proposed Regulations that relate to England. The intention of the transitional arrangements is to prohibit the manufacture and import of the relevant materials and articles after the various specified dates. Thereafter existing stocks can be marketed until exhausted. We would also welcome comments on any likely costs to you of implementing these provisions. Although we do not anticipate any cost implications arising from this insertion into the proposed Regulations, we are happy to receive any information to the contrary from you so that our Impact Assessment reflects the true situation for businesses and enforcement authorities.

Please also comment on:

• how the insertions at Regulation 22(3) in the proposed Regulations implement this Directive through the provisions outlined above
• any issues raised by the insertion at Regulation 22(3) in the proposed Regulations

Submitting comments on the Impact Assessment (IA)
We would welcome comments on the IA. We do not consider that the newly inserted provisions outlined at paragraph 3 above and on page 9, paragraph 4 vii to ix in the IA are likely to change the requirements of the Regulation nor introduce any additional burden. The remaining provisions of the Directive merely provides for the dates by which goods may legally be placed on the market. However, we would welcome your comments if you disagree with this assessment and can provide evidence to support your views.

Duration of consultation
The Consultation Criteria require that consultations are held for a minimum of 12 weeks. This consultation is for a shorter period to enable us to meet the deadline imposed by the European Commission for implementation of the Directive. A full 13-week public consultation was held on the draft regulations, which ended on 28 January 2008. The previous consultation documents are available at the link below.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk