
1 
These Regulations may be cited as the Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2009 and come into operation on 19th December 2009.
2 
The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2007 are amended in accordance with regulations 3 to 9.
3 
In regulation 2 (interpretation) —
(a) in paragraph (1) —
(i) after the definition of “Regulation 2023/2006” insert the following definition —“
 “Regulation 450/2009” means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food”; and
(ii) in the definition of “import” for “a Member State” substitute “a Member State of the European Communities, Norway, Iceland or Liechtenstein”; and
(b) paragraph (2) is omitted.
4 
After regulation 4 (enforcement of Regulation 1935/2004) insert the following as regulation 4A —“
4A. 
Any person who contravenes any of the following provisions of Regulation 450/2009 is guilty of an offence —
(a) Article 4(f) (prohibition on the placing on the market of active and intelligent materials and articles that do not comply with labelling requirements);
(b) Article 11(1) and (2) (additional rules on labelling), as read with the 4th indent of Article 14;
(c) Article 12 (declaration of compliance); and
(d) Article 13 (supporting documentation).”.
5 
After regulation 6 (competent authorities for the purposes of Regulation 1935/2004), insert the following as regulation 6A —“
6A. 
The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the district council having responsibility for enforcement pursuant to regulation 14(1).”.
6 
In regulation 13(2)(a) (offences and penalties), for “regulation 4 or 5” substitute “regulation 4, 4A or 5”.
7 
For regulation 14 (enforcement) substitute —“
14. 

(1) Each district council in its district shall execute and enforce —
(a) the provisions of Regulation 1935/2004 mentioned in regulation 4;
(b) the provisions of Regulation 450/2009 mentioned in regulation 4A;
(c) the provisions of Regulation 2023/2006 mentioned in regulation 5; and
(d) these regulations.
(2) The Food Standards Agency may execute and enforce the provisions of —
(a) Articles 16(1) and 17(2) of Regulation 1935/2004; and
(b) Article 13 of Regulation 450/2009”.
8 
In regulation 17(2) (general defences), for “regulation 4 or 13(1)(a)” substitute “regulation 4, 4A or 13(1)(a)”.
9 
In regulation 20 (application of various provisions of the Order) —
(a) in paragraph (2), for “Regulation 1935/2004 or as appropriate to Regulation 2023/2006.” substitute “Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate.”; and
(b) in paragraph (3), for “Regulation 1935/2004 or, as appropriate Regulation 2023/2006,” substitute “Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate”.
Sealed with the official seal of the Department of Health, Social Services and Public Safety on 20th November 2009.
Sean Donaghy
A senior officer of the Department of Health, Social Services and Public Safety
