The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011

Who will this consultation be of most interest to?
Businesses that manufacture, import, wholesale and/or retail polyamide and melamine plastic kitchenware from China and Hong Kong, consumers who use such products, consumer groups, HM Revenue and Customs, UK Border Agency and Local Enforcement Authorities.

What is the subject of this consultation?
The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 which would provide for the execution and enforcement, in Scotland, of European Commission Regulation (EU) No. 284/2011 which lays down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong, Special Administrative Region, China.

What is the purpose of this consultation?
The consultation seeks comments from industry, enforcement and consumer interests on the Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 and the associated draft business and regulatory impact assessment.

The Food Standards Agency in Scotland welcome your comments on:

• The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011 ('the proposed national Regulations') at Annexe B. These Regulations would provide for the execution and enforcement, in Scotland, of Commission Regulation (EU) No. 284/2011 ('the EU Kitchenware Regulation') at Annexe C which lays down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in, or consigned from, China, including Hong Kong (hereafter referred to together as 'China').
• The draft Business and Regulatory Impact Assessment (BRIA) at Annexe D. We would particularly welcome comments and supporting evidence in respect of any cost implications that may arise from this proposal.

The Food Standards Agency in England, Wales and Northern Ireland will be carrying out consultations on parallel but separate Regulations relating to those parts of the UK and associated draft Impact Assessments.

EU Legislation on Plastic Food Contact Materials
Harmonised EU rules on plastic food contact materials are currently laid down by Commission Directive 2002/72/EC (as amended) relating to plastic materials and articles intended to come into contact with foodstuffs ''the principal Directive'). This Directive has been consolidated in the form of a new EU Regulation, which will apply from 1 May 2011, with the relevant requirements remaining unaltered. These requirements are implemented in Scotland by The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009. The legislation requires that for polyamide kitchenware primary aromatic amines (PAAs) should not be detectable using the detection limit of 0.01 milligram per kilogram of food, and for melamine kitchenware formaldehyde in a quantity not exceeding 15 milligram per kilogram of food.

Informal Consultation
In Spring/Summer 2010, during the course of European negotiations, the Food Standards Agency (FSA) conducted an informal consultation on the Commissions draft proposal. Responses to the consultation played a key role in shaping the draft in its current form.

The informal consultation carried out in 2010 raised a number of pertinent issues about cost implications in relation to the kitchenware Regulation from enforcement authorities and industry. These comments informed the UK’s approach to discussions in EU Working Group meetings, which led to a substantial reduction in the percentage of consignments to be subjected to random physical checks from the 50% initially proposed by the Commission down to 10%, as reflected in the published EU Regulation.

This Consultation
The FSA is conducting this consultation to seek comments from interested parties and obtain their views on the proposal to make national Regulations to provide for the execution and enforcement of the EU Kitchenware Regulation by enforcement authorities in Scotland.

The key proposal on which this consultation seeks comments are as follows:

Key proposal(s):

• To make national Regulations to provide for the execution and enforcement of the EU Kitchenware Regulation by enforcement authorities in Scotland.

Consultation Process
Any comments that interested parties are able to provide in relation to the proposed national Regulations would be gratefully received. We would be particularly keen to hear from Small and Medium Enterprises (SMEs) on any likely impact and would encourage them to comment on all aspects of the proposal and its intended effect.

Consultation Questions:

1. Will SMEs be affected and, if so, how many will be affected, and what are the likely financial implications for this sector? Please provide evidence to support your response.
2. Are the numbers of retailers and wholesalers set out in Table 1 of the draft Business and Regulatory Impact Assessment (BRIA) an accurate representation of such businesses likely to be affected? Please provide evidence to support your response.
3. How many importers are likely to be affected? We would be grateful for any available evidence you are able to provide on this sector.
4. Do you agree with our assumption that charities and voluntary organisations are unaffected? Please provide evidence to support your response.
5. Do you agree with our estimate of one hour for an EHO in each enforcement authority to familiarise themselves with the legislation and a further hour for reading and dissemination to key staff? Please provide evidence to support your response.
6. What new or additional costs over and above those associated with the current relevant enforcement activity are likely to be incurred as a result of the EU Kitchenware Regulation and the national Regulations? Please provide evidence to support your response.
7. Table 3 above provides details of costs for a port health authority; are the costs incurred by other Food Authorities for similar enforcement activity reflective of these in table 3? In particular will costs for food authorities who do not already have a presence at the port of introduction be significantly different? Please provide evidence to support your response.
8. Are the total sampling costs in paragraph 4.27, 4.28 & 4.29 of the draft BRIA and the assumptions used to calculate them accurate? Please provide evidence to support your response.
9. Do Enforcement Authorities have any comments on the proposed national Regulations in so far as they relate to the provisions for enforcement, defences and penalties?
10. Do you agree with our estimate of one hour for an employee of each business to familiarise themselves with the legislation and a further hour for reading and dissemination to key staff? Please provide evidence to support your response.
11. What new or additional costs, over and above those associated with current relevant commercial activities would the EU Kitchenware Regulations and the national Regulations cause industry in England to incur? Please provide evidence to support your response.
12. Are the numbers of consignments used to calculate the cost to businesses (including importers) in paragraph 4.37 & 4.38 of the draft BRIA an accurate representation? Please provide evidence to support your response.
13. Do you have any evidence to quantify the daily fee referred to in paragraph 4.39 of the draft BRIA? (The costs in Table 5 of the draft BRIA are based on a set fee). Please provide evidence to support your response.
14. Do you agree with our assumption that businesses may incur additional costs for inland storage of consignments pending the release of analytical results? Please provide evidence to support your response.
15. Are the costs of storing consignments whilst awaiting clearance in paragraph 4.39, 4.40 & 4.41 of the draft BRIA an accurate estimate? Please provide evidence to support your response.
16. What is the potential loss of earnings (if any) to businesses, while awaiting the release of impounded products? If there is a loss, is this affordable? Please provide evidence to support your response.
17. Do you agree that costs recovered by Enforcement Authorities from UK businesses will be passed back by those businesses to the Chinese exporters? Is there any information available to support your response?
18. As the additional controls are specific to polyamide and melamine plastic kitchenware originating, in or consigned from, China, what is the likelihood of businesses sourcing such products from elsewhere and, if so, what additional costs, if any, would be incurred? Please provide evidence to support your response.
19. Do businesses have any comments on the proposed national Regulations in so far as they relate to the provisions for enforcement, defences and penalties?
20. Are you aware of any other impacts under the Specific Impact Tests as a result of the EU Kitchenware Regulation and national Regulation? Please provide evidence to support your response.

• The Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009
• Draft commission services working document in preparation of Community guidelines on conditions and procedures for the import of polyamide and melamine kitchenware originating in or consigned from People’s Republic of China and Hong Kong Special Administrative Region, China.

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.

In accordance with the FSA principle of openness we shall keep a copy of the completed consultation and responses, to be made available to the public on request. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. 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.

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 the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk