
1 
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No. 2) Regulations 2002, shall extend to England only and shall come into force on 28th February 2003.
2 
The Plastic Materials and Articles in Contact with Food Regulations 1998 (“the principal Regulations”) shall be amended, in so far as they extend to England, in accordance with regulations 3 to 6.
3 
In regulation 10 (offences), immediately after paragraph (20) there shall be added the following paragraphs—“
(21) In any proceedings for an offence under these Regulations, it shall be a defence to prove that—
(a) the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2004 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions specified in paragraph (22) had not been in force at the time that matter occurred; or
(b) the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2003, and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 4(a)(i) and (b) (in so far as they relate to the monomer divinylbenzene) and 6 of the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No. 2) Regulations 2002 had not been in force at the time that matter occurred.
(22) The provisions referred to in paragraph (21)(a) of this regulation are the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No. 2) Regulations 2002, except in so far as they relate to the monomer divinylbenzene.”.
4 
In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary)—
(a) in Section A of Part I—
(i) in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number, PM/REF No, CAS No, name and restriction or specification specified for that monomer in that Part shall be inserted in the appropriate numerical position for that item number,
(ii) in the case of each monomer named in the second column of Part II of Schedule 1 to these Regulations, for the item number for that monomer specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part,
(iii) in the case of the monomer Bis (4-isocyanatocyclohexyl) methane (item 43), for the entry for that monomer specified in column 1 (PM/REF/No) there shall be substituted the entry “13560”, and
(iv) in the case of each monomer named in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part;
(b) in Section B of Part I, all the entries for the monomers named in Part IV of Schedule 1 to these Regulations shall be deleted; and
(c) in Part II, at the end of paragraph 4 there shall be inserted the following provisions—“
(22) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.
(23) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.
(24) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.
(25) QM(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the substances having PM/REF/Nos. 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270.”.
5 
In Schedule 2 (additives and supplementary)—
(a) in Part I—
(i) in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number, PM/REF No, CAS No, name and restriction or specification specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number,
(ii) in the case of the additive Bis (polyethyleneglycol) hydroxymethylphosphonate, there shall be inserted in column 2 (CAS No) the entry “68951 - 50 - 8”, and
(iii) in the case of the additive named in the first column of Part II of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part; and
(b) in Part II—
(i) in the case of each additive listed in Part III of Schedule 2 to these Regulations, the item number, PM/REF/No, CAS No, name and restriction or specification specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number, and
(ii) in the case of each additive named in the first column of Part IV of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part; and
(c) in Part III—
(i) in note (11) of paragraph 4, after the figure “36800” there shall be inserted the figure “, 36840”, and
(ii) at the end of that paragraph there shall be added the following provisions—“
(22) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.
(23) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.
(24) SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.”.
6 
In Schedule 2B (specifications) in the case of the substance specified in Schedule 3 to these Regulations, the item number, PM/REF No and specification set out for that substance in that Schedule shall be inserted in the appropriate numerical position for that item number and letter.
7 
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 (provisions to which those Regulations do not apply) the reference in the second column, opposite the entry in the first column relating to the Plastic Materials and Articles in Contact with Food Regulations 1998, shall be amended in relation to England so as to read “S.I.1998/1376 as amended by S.I. 2000/3162, S.I. 2002/2364 and S.I. 2002/ ”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
4th December 2002
SCHEDULE 1
Regulation 4(a)(i), (ii) and (iv) and (b)
PART I

Item PM/REF No CAS No Name Restrictions and specifications
33B 13075 00091-76-9 Benzoguanamine see “2,4-Diamino-6-Phenyl-1,3,5-Triazine”
47B 13620 10043-35-3 Boric acid SML(T) - 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.
49A 13720 00110-63-4 1,4-Butanediol SML(T) = 0.05 mg/kg (23)
76A 15310 00091-76-9 2,4-Diamino-6-phenyl-1,3,5-triazine QMA = 5 mg/6 2
92A 16650 00127-63-9 Diphenyl sulphone SML(T) = 3 mg/kg (24)
93A 16690 01321-74-0 Divinylbenzene QMA = 0.01 mg/6 dm2 of SML = ND (DL = 0.02 mg/kg, analytical tolerance included) for the sum of divinylbenzene and ethylvinylbenzene and in compliance with the specifications laid down in Schedule 2B.
93C 16697 00693-23-2 n-Dodecanedioic Acid 
120A 18897 16712-64-4 6-Hydroxy-2-naphthalenecarboxylic acid SML = 0.05 mg/kg
120B 18898 103-90-2 N-(4-Hydroxyphenyl) acetamide Only to be used in liquid crystals and behind a barrier layer in multi-layered plastics.
147B 22332 28679-16-5 Mixture of (40% w/w) 2,2,4-trimethylhexane-1,6-diisocyanate and (60% w/w) 2,4,4-trimethylhexane-1,6-diisocyanate QM(T) = 1 mg/kg (expressed as NCO) (25)
217A 25840 03290-92-4 1,1,1-trimethylolpropane trimethacrylate SML = 0.05 mg/kg
PART II

Item Name
49B 1,4-Butanediol bis(2,3-epoxypropyl)ether
49C 1,4-Butanediol formal
76B 1,6-Diamino-2,2,4-trimethylhexane
76C 1,6-Diamino-2,4,4-trimethylhexane
93B N,N'-Divinyl-2-imidazolidone
93D 1-Dodecene
217B Trioxane
PART III

Name Restrictions and specifications
Chlorotrifluoroethylene QMA = 0.5 mg/6 dm2
Cyclohexyl isocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Dicyclohexylmethane-4,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
3,3'-Dimethyl-4,4'-diisocyanatobiphenyl QM(T ) = 1 mg/kg (expressed as NCO) (25)
Diphenylether-4,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Diphenylmethane-2,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Diphenylmethane-4,4'-diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Hexamethylene dissocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
1-isocyanato-3-isocyanatomethyl-3,5,5-trimethylcyclohexane QM(T ) = 1 mg/kg (expressed as NCO) (25)
1,5-Naphthalene diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
Octadecyl isocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
2,4-Toluene diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
2,6-Toluene diisocyanate QM(T ) = 1 mg/kg (expressed as NCO) (25)
2,4-Toluene diisocyanate dimer QM(T ) = 1 mg/kg (expressed as NCO) (25)
PART IV

 Benzoguanamine
 1,4-Butanediol
 2,4-Diamino-6-phenyl-1,3,5-triazine
 Divinylbenzene
 n-Dodecanedioic acid
 1,1,1-Trimethylolpropane trimethacrylate

SCHEDULE 2
Regulation 5(a)(i) and (iii) and (b)
PART I

Item PM/REF No CAS No Name Restrictions and specifications
27B 36840 12007-55-5 Barium tetraborate SML(T) = 1 mg/kg expressed as barium (11) and SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.
38C 40320 10043-35-3 Boric acid SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.
40A 40580 00110-63-4 1,4-Butanediol SML(T) = 0.05 mg/kg (23)
188B 71670 178671-58-4 Pentaerythritol tetrakis (2-cyano-3,3-diphenylacrylate) SML(T) = 0.05 mg/kg
246A 87040 01330-43-4 Sodium tetraborate SML(T) = 6 mg/kg (22) (expressed as boron) without prejudice to the provisions of Directive 98/83/EC on water for human consumption.
PART II

Name Restrictions and specifications
Bis(polyethyleneglycol) hydroxymethylphosphonate SML = 0.6 mg/kg
PART III

Item PM/REF No CAS No Name Restrictions and specifications
27A 45650 6197-30-4 2-Cyano-3,3-diphenylacrylic acid, 2-ethylhexyl ester SML = 0.05 mg/kg
82A 68860 04724-48-5 n-Octylphosphonic acid SML = 0.05 mg/kg
111A 95000 28931-67-1 Trimethylolpropane trimethacrylate-methyl methacrylate copolymer 
PART IV

Name Restrictions and specifications
N,N-bis(2-hydroxyethyl)alkyl (C8-C18) amine hydrochlorides SML(T) = 1.2 mg/kg (12) expressed as tertiary amine (expressed excluding HCl)
Diphenyl sulphone SML(T) = 3 mg/kg (24)
SCHEDULE 3
Regulation 6


Item PM/REF No Specifications
1 16690 Divinylbenzene - must not contain more than 40% ethylvinylbenzene