The Materials and Articles in Contact With Food (Scotland) Regulations 2012
Tuesday 17 January 2012
The Food Standards Agency in Scotland is seeking comments from industry, local authorities, consumers and other interested stakeholders on the Materials and Articles in Contact with Food (Scotland) Regulations 2012 and the associated partial Business and Regulatory Impact Assessment (BRIA).
All comments and views should be sent to:
Karen Robertson
Safety Policy & Regulation Development
Food Standards Agency in Scotland
6th Floor, St Magnus House
25 Guild Street
Aberdeen
AB11 6NJ
Tel: 01224 288362
Fax: 01224 285168
E-mail: Karen.Robertson@foodstandards.gsi.gov.uk
Responses are requested by: 10 April 2012
Audience
Who will this consultation be of most interest to?
Businesses that manufacture, import, wholesale and/or retail materials and articles intended to come into contact with food, local authorities, consumers and others who may have in interest in the policy and legislation on food contact materials (FCM).
What is the subject of this consultation?
The proposed Materials and Articles in Contact with Food (Scotland) Regulations 2012, will provide for the execution and enforcement, in Scotland, of Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food (referred to as 'the new EU Regulation'). The proposed Regulations also revoke and re-enact nearly all FCM and articles legislation within the Food Standards Agency‟s remit (with the exception of The Plastic Kitchenware (Conditions on Imports from China) Scotland Regulations 2011)), into a single consolidated Scottish Statutory Instrument (SSI).
What is the purpose of this consultation?
The Food Standards Agency in Scotland is seeking comments from industry, local authorities, consumers and other interested stakeholders on the Materials and Articles in Contact with Food (Scotland) Regulations 2012 and the associated partial Business and Regulatory Impact Assessment (BRIA).
Consultation details
The Food Standards Agency in Scotland welcomes your comments on:
- The Materials and Articles in Contact with Food (Scotland) Regulations 2012 ('the proposed consolidated Regulations') at Annexe B. These Regulations would provide for the execution and enforcement, in Scotland, of Commission Regulation (EU) No. 10/20111 (the new EU regulation) at Annexe C relating to plastic materials and articles intended to come into contact with food.
- The proposed consolidated Regulations will also revoke and re-enact in Scotland all existing legislation, within the Food Standard Agency Scotland‟s remit on materials and articles intended to come into contact with food, with necessary amendments; thus implementing or enforcing all EU FCM and articles legislation. This will consolidate legislation into one SSI (with the exception of The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 20112). It will also revoke, in Scotland, The Cooking Utensils (Safety) Regulations 19723.
- We would particularly welcome comments and supporting evidence on any cost implications that may arise from the proposed Regulations, covered within the partial Business Regulatory and Impact Assessment (BRIA) at Annexe D.
- The Food Standards Agency in England, Wales and Northern Ireland will be carrying out consultations in parallel and will prepare separate Regulations and associated partial Impact Assessments.
Endnotes
1 OJ Ref: L12m 15.1.2011, pg 1-89
2 SSI 2011 No. 282
3 SI 1972 No.1957
Purpose of the Consultation:
The FSA is carrying out this consultation to seek comments from stakeholders on the proposed consolidated Regulations which will provide for the execution and enforcement of the new EU Regulation by local authorities in Scotland. The FSA is also seeking comments on the proposal to revoke and re-enact the majority of Scottish legislation on materials and articles intended to come into contact with food in a single consolidated Scottish Statutory Instrument. The aim of this will be to reduce the number of regulations on FCM and articles which businesses and local authorities have to refer to.
The key proposals for comments are:
Key proposals:
- to make Regulations in Scotland to provide for the execution and enforcement of the new EU Regulation
- to designate competent authorities for the purpose of the Regulation
- to provide for offences of contravening certain provisions of the new EU Regulation and for defences against prosecution for committing an offence in particular circumstances
- to specify the penalties that the Courts may impose upon conviction for an offence
- to revoke and re-enact the majority of national legislation on materials and articles intended to come into contact with food in a single consolidated Scottish Statutory Instrument, which will reduce the number of Regulations in Scotland on FCM and articles to which businesses and local authorities have to refer to.
Responses:
Responses are required by close 10 April 2012. 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).
Further information
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.
Publication of personal data and confidentiality of responses
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)
Publication of response summary
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
Consultation
(pdf 2MB)