
1 
These Regulations may be cited as the Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2018 and come into operation on 29th November 2018.
2 
The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012 are amended in accordance with regulations 3 to 12.
3 
In regulation 2 (interpretation)—
(a) in the definition of “Directive 84/500/EEC” after “foodstuffs” insert “as last amended by Commission Directive 2005/31/EC”;
(b) in the definition of “Regulation 1935/2004” after “89/109/EEC” insert “as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council”;
(c) in the definition of “Regulation 2023/2006” after “food” insert “as last amended by Commission Regulation (EC) No 282/2008”;
(d) in the definition of “Regulation 10/2011” for “Commission Regulation (EU) No. 2017/752” substitute “Commission Regulation (EU) 2018/831”
(e) after the definition of “Regulation 10/2011” insert—“
 “Regulation 2018/213” means Commission Regulation (EU) 2018/213 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials;”;
(f) in paragraph (2), for “Regulation 450/2009 or Regulation 10/2011” substitute “Regulation 450/2009, Regulation 10/2011 or Regulation 2018/213”.
4 
In regulation 13, for “In this Part and in the Schedule any reference” substitute “Except in regulation 14(1), any reference in this Part and in Schedule 1”.
5 
In regulation 14(1), for “Article 22(4) and (5) and Article 23,” substitute “Article 2 of Commission Regulation (EU) No 1282/2011, Article 2 of Commission Regulation (EU) No 1183/2012, Article 2 of Commission Regulation (EU) No 202/2014, Article 2 of Commission Regulation (EU) 2015/174, Article 2 of Commission Regulation (EU) 2016/1416, Article 2 of Commission Regulation (EU) 2017/752; Article 2 of Commission Regulation (EU) 2018/79; Article 6 of Commission Regulation (EU) 2018/213 and Article 2 of Commission Regulation (EU) 2018/831,”.
6 
In regulation 16(2), for “Subject to Article 6(1), (2) and (4) (transitional provisions) a” substitute “A”.
7 
After regulation 17 (competent authorities for the purposes of Regulation 1895/2005) insert—“
PART 7A
17A. 
In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 2018/213.
17B. 
Subject to the transitional provisions contained in Article 6, any person who places on the market a material or article that fails to comply with Article 2 is guilty of an offence.
17C. 
The competent authorities for the purposes of Article 4(3) are the Food Standards Agency and each district council in its district.”
8 
In regulation 19 (offences and penalties)—
(a) in paragraph (2), after “Regulation 10/2011,” insert “Regulation 2018/213”;
(b) in paragraph (5)(a), for “or 16(4)” substitute “16(4) or 17B”.
9 
In regulation 23(2) (general defences), after “16(4)” insert “, 17B”.
10 
In regulation 26(1)(a) (application of various provisions of the Order)—
(a) at the end of sub-paragraph (iv), delete “and”; and
(b) after paragraph (v) insert “(vi) Article 4 of Regulation 2018/213; and”.
11 
Omit regulations 27 and 28.
12 
In Schedule 2, Part 1 (modification of Article 9(1)), paragraph 1, after Article 9(1A)(e) as applied,
(a) at the end of paragraph (d), omit “and”;
(b) at the end of paragraph (e), for “.” substitute “; and”;
(c) after paragraph (e), insert—“
(f) Article 4 of Regulation 2018/213.”
Sealed with the official seal of the Department of Health on 31st October 2018.
Elizabeth Redmond
A senior officer of the Department of Health
