FSA Consultation, 28 April 2011
A copy of the consultation document is available on this site. See: Plastic Kitchenware - China - Consultation
The consultation seeks comments from industry, enforcement and consumer interests on the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 and the associated draft impact assessment. Responses are requested by: 27 May 2011
Audience
Who will this consultation be of most interest to?
Businesses that manufacture, import, wholesale and/or retail polyamide and melamine plastic kitchenware from China and Hong Kong, consumers who use such products, consumer groups, port health authorities, HM Revenue and Customs, UK Border Agency and local enforcement authorities.
What is the subject of this consultation?
The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011, which would provide for the execution and enforcement, in England, of European Commission Regulation (EU) No. 284/2011 which lays down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong, Special Administrative Region, China.
What is the purpose of this consultation?
To seek comments from industry, enforcement and consumer interests on the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 and the associated draft impact assessment.
Consultation details
The Food Standards Agency would welcome your comments on:
The Food Standards Agency in Scotland, Wales and Northern Ireland will be carrying out consultations on parallel but separate regulations relating to those parts of the UK and associated draft impact assessments.
EU Legislation on Plastic Food Contact Materials
Harmonised EU rules on plastic food contact materials are currently laid down by Commission Directive 2002/72/EC (as amended) relating to plastic materials and articles intended to come into contact with foodstuffs ('the principal Directive'). This directive has been consolidated in the form of a new EU Regulation, which will apply from 1 May 2011, with the relevant requirements remaining unaltered. These requirements are implemented in England by The Plastic Materials and Articles in Contact with Food (England) Regulations 2009. The legislation requires that PAAs should not be detectable using the detection limit of 0.01 milligram per kilogram of food.
Purpose of the Consultation:
Informal Consultation
In Spring/Summer 2010, during the course of European negotiations, the Food Standards Agency (FSA) conducted an informal consultation with trade associations, individual companies, enforcement authorities and their representative bodies, the UK Border Agency and HM Revenue and Customs.
Comments received by the FSA in response to this informal consultation focused mainly on the cost implications for both industry and enforcement authorities. These comments informed the UK’s approach in discussions in EU working group meetings, which led to a substantial reduction in the percentage of consignments to be subjected to random physical checks from the 50% initially proposed by the Commission, down to 10%, as reflected in the published EU regulation.
This Consultation
The FSA is conducting this consultation to seek comments from interested parties and obtain their views on the proposal to make national regulations to provide for the execution and enforcement of the EU Kitchenware Regulation by enforcement authorities in England.
The key proposal on which this consultation seeks comments are as follows:
Key proposal:
Any comments that interested parties are able to provide in relation to the proposed national regulations would be gratefully received. The FSA would be particularly keen to hear from small and medium enterprises (SMEs) on any likely impact and would encourage them to comment on all aspects of the proposal and its intended effect.
Consultation Questions:
1.Will SMEs be affected and, if so, how many will be affected, and what are the likely financial implications for this sector? Please provide evidence to support your response.
2.Are the numbers of retailers and wholesalers set out in Table 1 of the draft impact assessment an accurate representation of such businesses likely to be affected? Please provide evidence to support your response.
3.How many importers are likely to be affected? We would be grateful for any available evidence you are able to provide on this sector.
4.Do you agree with our assumption that charities and voluntary organisations are unaffected? Please provide evidence to support your response.
5.Do you agree with our estimate of one hour for a TSO or EHO in each enforcement authority to familiarise themselves with the legislation and a further hour for reading and dissemination to key staff? Please provide evidence to support your response.
6.What new or additional costs over and above those associated with the current relevant enforcement activity are likely to be incurred as a result of the EU Kitchenware Regulation and the national regulations? Please provide evidence to support your response.
7.Are the costs of enforcement for a specific port health authority in Table 4 of the draft impact assessment typical of those incurred by other port health authorities in respect of similar enforcement activity? Please provide evidence to support your response.
8.Are the total sampling costs in paragraph 44 of the draft impact assessment and the assumptions used to calculate them accurate? Please provide evidence to support your response.
9.Do enforcement authorities have any comments on the proposed national regulations in so far as they relate to the provisions for enforcement, defences and penalties?
10.Do you agree with our estimate of one hour for an employee of each business to familiarise themselves with the legislation and a further hour for reading and dissemination to key staff? Please provide evidence to support your response.
11.What new or additional costs, over and above those associated with current relevant commercial activities, would the EU Kitchenware regulations and the national Regulations cause industry in England to incur? Please provide evidence to support your response.
12.Are the numbers of consignments used to calculate the cost to businesses (including importers) in paragraph 53 of the draft impact assessment an accurate representation? Please provide evidence to support your response.
13.Do you have any evidence to quantify the daily fee referred to in paragraph 53 of the draft impact assessment? (The costs in Table 9 of the draft impact assessment are based on a set fee). Please provide evidence to support your response.
14.Do you agree with our assumption that businesses may incur additional costs for inland storage of consignments pending the release of analytical results? Please provide evidence to support your response.
15.Are the costs of storing consignments while awaiting clearance in paragraph 55 of the draft impact assessment an accurate estimate? Please provide evidence to support your response.
16.What is the potential loss of earnings (if any) to businesses, while awaiting the release of impounded products? If there is a loss, is this affordable? Please provide evidence to support your response.
17.Do you agree that costs recovered by enforcement authorities from UK businesses will be passed back by those businesses to the Chinese exporters? Is there any information available to support your response?
18.As the additional controls are specific to polyamide and melamine plastic kitchenware originating in, or consigned from, China, what is the likelihood of businesses sourcing such products from elsewhere and, if so, what additional costs, if any, would be incurred? Please provide evidence to support your response.
19.Do businesses have any comments on the proposed national regulations in so far as they relate to the provisions for enforcement, defences and penalties?
20.Are you aware of any other impacts under the specific impact tests as a result of the EU Kitchenware regulation and national regulation? Please provide evidence to support your response.
Other relevant documents:
Responses:
Responses are required by close Friday 27 May 2011. 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).