Draft Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2009

We would welcome your comments on the proposed Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2009, in Annex A which can be found at the link below. The proposed Regulations will implement the requirements of Commission Directive 2008/39/EC amending Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with food ('the new Directive'). Comments are also requested on the Impact Assessment, enclosed at Annex B. In the latter case, we particularly welcome comment on any cost implications that may arise from this proposal.

The new Directive was published in the Official Journal of the European Union on 7 March 2008 (OJ Ref. L63, 07.03.2008 p6-13). A copy of this Directive is in Annex C can be found at the link below. The Food Standards Agency in England, Scotland and Wales will each consult on parallel but separate Regulations.

Comments are also requested on the draft guidance notes (this can be found Annex H – see also section 12), that will accompany the proposed Regulations.

When submitting comments, please indicate whether you are commenting on the guidance or the draft Regulations.

Reasons for changing the rules

Harmonised European rules on food contact plastics are laid down by Commission Directive 2002/72/EC. These rules are routinely amended as technical and scientific knowledge develops and as the harmonisation of the rules across the EU is extended. The Plastic Materials and Articles in
Contact with Food Regulations (Northern Ireland) 2008 currently implement in Northern Ireland) the provisions of Directive 2002/72/EC, as last amended by Directive 2007/19/EC as read with Commission Regulation (EC) No. 597/2008.

Commission Directive 2008/39/EC relating to plastic materials and articles intended to come into contact with food

The new Directive amends Commission Directive 2002/72/EC on plastic materials and articles intended to come into contact with food for the fifth time. The new Directive lays down the dates by which the list of additives used in manufacturing food contact plastics will be closed and makes interim arrangements for those additives for which an application for authorisation had been submitted by the deadline of December 2006. The Directive sets a date of 31 December 2009 up to which additives not on the positive list or the provisional list may continue to be used after that date; any additives not on those lists are non-compliant with the Directive, which then specifies a short phase-out period ending on 7th March 2010 for plastic materials and articles manufactured or imported into the EU which do not comply with Directive 2002/72/EC as amended by Directive 2008/39/EC. This period until December 2009 will enable the European food Safety Authority (EFSA) to obtain any additional information it might need for its risk assessment of those additives on the provisional list. The Directive also routinely updates the lists of authorised substances, taking into account the published opinions of EFSA.

The new Directive required that the European Commission publish its provisional list of those additives that are the subject of an application for authorisation by 11 April 2008 and that the list will be kept up to date. That list has been published and can be found on the Commission’s website via the link below:
ec.europa.eu/food/food/chemicalsafety/foodcontact

An additive will be removed from the provisional list either when it is included in the positive list, or when a decision is taken not to include it in the positive list, or if additional information asked for by EFSA is not provided.

Implementation

To avoid having many amendments to our Regulations and to make it easier for anyone needing to refer to them, we propose to follow our established practice of implementing the requirements of this amending Directive and its parent Commission Directive, 2002/72/EC and the various
Council Directives laying down requirements for migration testing in one complete set of Regulations, namely The Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2009. To meet the requirements of the new Directive these Regulations have to be in operation by 7 March 2009.

Who will be affected by the new Regulations

The primary business sectors affected by these proposals will be those that manufacture, use, import or sell plastic food packaging and other plastic materials and articles intended for food contact. Local enforcement authorities and businesses will benefit from the greater clarity of having the relevant rules and powers contained in one consolidated document. Charities and voluntary organisations are unaffected by this proposal.

Proposed timetable for the new Regulations

Important dates in the introduction of the New Regulations are:

• Public consultation starts 8 September 2008 (12 weeks)
• Public consultation ends 1 December 2008
• Target date for the coming into operation of the Regulations: 7 March 2009

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