FSA Consultation Letter, 10 January 2012

CONTACT MATERIALS - Consultation on Proposed Materials and Articles in Contact with Food (England) Regulations 2012

A copy of the full consultation letter (including the Annexes mentioned below), is available on this site. See: Consultation Summary and Annexes: The Materials and Articles in Contact With Food (England) Regulations 2012

The Food Standards Agency is seeking comments from industry, enforcement authorities, port health authorities, consumers and other interested stakeholders on the Materials and Articles in Contact with Food (England) Regulations 2012 and the associated draft impact assessment.  Responses are requested by: 3 April 2012

Audience

Who will this consultation be of most interest to?

Businesses that manufacture, import, wholesale and/or retail materials and articles intended to come into contact with food, port health authorities, local enforcement authorities, consumers and others who may have in interest in the policy and legislation on food contact materials.

What is the subject of this consultation?

The proposed Materials and Articles in Contact with Food (England) Regulations 2012 will provide for the execution and enforcement, in England, of European Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food ('the EU Regulation'). The proposed regulations also revoke and re-enact nearly all food contact materials legislation within the Food Standards Agency’s remit (with the exception of The Plastic Kitchenware (Conditions on Imports from China) England Regulations 2011)), into a single consolidated statutory instrument.

What is the purpose of this consultation?

To seek comments from industry, enforcement authorities, port health authorities, consumers and other interested stakeholders on the Materials and Articles in Contact with Food (England) Regulations 2012 and the associated draft impact assessment.

Consultation details

The Food Standards Agency would welcome your comments on:

• The Materials and Articles in Contact with Food (England) Regulations 2012 ('the proposed consolidated Regulations') at Annexe B. These Regulations would provide for the execution and enforcement, in England, of Commission Regulation (EU) No. 10/20111 ('the new EU Regulation') at Annexe C relating to plastic materials and articles intended to come into contact with food.
• With the exception of The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 20112, the proposed consolidated Regulations will also revoke and re-enact all existing national legislation within the Food Standards Agency's (FSA) remit on materials and articles intended to come into contact with food, with necessary amendments; thus implementing and/or enforcing all EU food contact materials legislation in on one consolidated instrument. This is part of the FSA's intention to introduce a simplified system of food safety legislation in response to the Government's Red Tape Challenge initiative. The Food Standards Agency would welcome comments on this proposed consolidation.
• Details of changes to the national legislation.
• The draft impact assessment (IA) at Annexe D. We would particularly welcome comments and supporting evidence in respect of any cost implications that may arise from these proposals.

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.

Endnotes

• 1 OJ Ref: L12m 15.1.2011, pg 1-89
• 2 SI 2011 No. 1527

Purpose of the 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 new EU regulation by enforcement authorities in England. We are also seeking comments on the FSA's proposal to revoke and re-enact the majority of national legislation on materials and articles intended to come into contact with food in a single consolidated instrument, under the Government's Red Tape Challenge exercise. The aim of this will be to reduce the number of national regulations (from the current four to a single consolidate Statutory Instrument) on food contact materials that businesses and enforcement authorities have to refer to.

The key proposals on which this consultation seeks comments are as follows:

Key proposal:

• to make national Regulations to provide for the execution and enforcement of the new EU regulation
• designation of competent authorities for the purpose of the regulation
• providing for offences of contravening certain provisions of the new EU regulation and for defences against prosecution for committing an offence in particular circumstances
• specifying the penalties that the courts may impose upon conviction for an offence
• to revoke and re-enact the majority of the national legislation on materials and articles intended to come into contact with food in a single consolidated instrument, in response to the Government's Red Tape Challenge initiative, which will reduce the number of national regulations on food contact materials to which businesses and enforcement authorities have to refer to from four to a single instrument.

Responses:

Responses are required by close 3 April 2012.