Bisphenol A: The Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2011

The Food Standards Agency would welcome your comments on the proposed Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2011, see Annexe B below.

These proposed regulations would implement the provisions of a European Commission Directive, which was adopted at the Standing Committee on the Food Chain and Animal Health (SCOFCAH) on 25 November 2010, Annexe C below. The directive will introduce a phased European Union-wide prohibition on polycarbonate feeding bottles intended for infants of up to 12 months of age manufactured using Bisphenol A (BPA).

The directive, which will be published formally in due course, will require EU member states to implement its provisions into national law so as to prohibit the manufacture of polycarbonate feeding bottles intended for infants of up to 12 months of age using BPA from March 2011 and the placing on the market and import of such products manufactured using BPA from 1 June 2011.

Comments are also requested on the Impact Assessment (IA), see Annexe D below, and we would particularly welcome comments on any cost implications that may arise from this proposal.

The Food Standards Agency in Scotland, Wales and Northern Ireland will each consult on parallel but separate regulations.

The Food Standards Agency is conducting this consultation to seek comments from interested parties and obtain their views on the proposal to implement the provisions of the new directive via the proposed Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2011.

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

Key proposal:

• National regulations to implement the Commission Directive and minimise the exposure of infants of up to 12 months of age in England to BPA.

The Agency has carried out early, informal, consultation with interested parties, which amongst other things has facilitated the development of the draft impact assessment (IA) that forms part of this consultation. These informal consultation activities included:

• Contact with industry groups and trade associations, followed by a scoping meeting held on 18 October 2010.
• Contact with consumer groups.
• Contact and meetings with other government departments that have a wider interest in BPA, such as the Department of Environment, Food and Rural Affairs (DEFRA), Department of Business Innovation and Skills (BIS), the Medicines and Healthcare products Regulatory Agency (MHRA) and the Health and Safety Executive (HSE).

Comments received from interested parties, including those from other government departments so far, have been reflected in the draft IA. However, we would now welcome comments on any additional costs likely to arise from the implementation of the new Commission Directive.

The Agency 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.

Questions asked in the draft impact assessment at Annexe C (see below) to this consultation:

1. Is the number of businesses affected reflective of infant feeding bottle manufacturers in the UK? We would be grateful for any available evidence on this sector.
2. Is the time estimate a reasonable reflection of the time that would be spent by manufacturing firms in familiarisation? If you disagree, please provide evidence to support your views.
3. What is the proportion of BPA free bottles currently manufactured in the UK? We would be grateful for any available evidence.
4. If alternatives to BPA are already being used in the manufacture of infant feeding bottles, what are the costs for doing this? Please provide any available evidence.
5. What is the quantity and value of stock that would likely face write-off if any immediate ban were introduced? Please provide evidence to support your views.
6. Is one hour an accurate representation of the familiarisation time required to ensure enforcement of this option? If you disagree with this assessment, please provide evidence to support your views.
7. Are small and medium enterprises potentially affected? Please provide evidence to support you views.

Responses are required by close of business on Friday 14 January 2011. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

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. 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.

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