
1 

(1) These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 and shall come into force on 28th February 2003.
(2) These Regulations shall extend to Scotland only.
2 
The Plastic Materials and Articles in Contact with Food Regulations 1998 (“the principal Regulations”) shall be amended in accordance with regulations 3 to 6.
3 

(1) In regulation 10 (offences), after paragraph (20) there shall be inserted–“
(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 intended to come into contact with food which was manufactured in or imported into the European Community before 1st March 2004, and that 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 intended to come into contact with food which was manufactured in or imported into the European Community before 1st March 2003, and that 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 regulation 6 of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 had not been in force at the time that matter occurred.
(22) The provisions referred to in paragraph (21)(a) are all the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003, 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 and letter, PM/REF No. , CAS No. , name and restriction or specification (if any) specified for that monomer in Part I of Schedule 1 to these Regulations shall be inserted in the appropriate numerical position for that item number and letter;
(ii) in the case of each monomer listed in the third column of Part II of Schedule 1 to these Regulations, for the item number and letter for that monomer specified opposite to it in the first column of section A of Part I of Schedule 1 to the principal Regulations (item) there shall be substituted the item number and letter for it specified in the second column (new item) of Part II of Schedule 1 to these Regulations;
(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 listed 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 of section A of Part I of Schedule 1 to the principal Regulations (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of Part III of Schedule 1 to these Regulations;
(b) in Section B of Part I, all the entries for the monomers listed in Part IV of Schedule 1 to these Regulations shall be omitted; and
(c) in Part II, there shall be inserted at the end of paragraph 4–“
(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 and letter, PM/REF No. , CAS No. , name and restriction or specification specified for that additive in Part I of Schedule 2 to these Regulations shall be inserted in the appropriate numerical position for that item number and letter;
(ii) in the case of the entry at item number 38B for the additive Bis (polyethyleneglycol) hydroxymethylphosphonate, there shall be inserted in column 2 of that Part (CAS No. ) the entry “68951 – 50 – 8”; and
(iii) in the case of the additive listed of Part II of Schedule 2 to these Regulations, for the entry for that additive in Part I of Schedule 2 to the principal Regulations there shall be substituted the entry for it specified in Part II of Schedule 2 to these Regulations;
(b) in Part II–
(i) in the case of each additive listed in Part III of Schedule 2 to these Regulations, the item number and letter, PM/REF/No. , CAS No. , name and restriction or specification (if any) specified for that additive in Part III of Schedule 2 to these Regulations shall be inserted in the appropriate numerical position for that item number and letter; and
(ii) in the case of each additive listed 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 of Part II of Schedule 2 to the principal Regulations (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of Part IV of Schedule 2 to these Regulations; and
(c) in Part III–
(i) in note (11) of paragraph 4, after “36800” there shall be inserted “, 36840”; and
(ii) at the end of paragraph 4, there shall be inserted–“
(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 and letter, PM/REF No. and specification set out for that substance shall be inserted in the appropriate numerical position for that item number and letter.
MARY MULLIGAN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
9th January 2003
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 As item 76A
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 dm2
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 or 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

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

Item Name
7 Benzoguanamine
8 1,4-Butanediol
11 2,4-Diamino 6 phenyl 1,3,5 triazine
14 Divinylbenzene
15 Dodecanedioic acid
25 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

Item PM/REF No.  CAS No.  Name Restrictions and specifications
38B 40120 68951-50 8 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

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


Item PM/REF No.  Specifications
1 16690 DIVINYLBENZENEIt may contain up to 40% of Ethylvinylbenzene