Materials in Contact with Foodstuffs (Amendment) Regulations,

L.N. 291 of 2005

FOOD SAFETY ACT

(CAP. 449)

Materials in Contact with Foodstuffs (Amendment) Regulations,

IN exercise of the powers conferred by article 10 of the Food Safety

Act, the Minister of Health, the Elderly and Community Care has made

the following regulations>-

The title of these regulations is the Materials in Contact with Citation.

Foodstuffs (Amendment) Regulations, 2005, and they shall be read and

construed as one with the Materials in Contact with Foodstuffs

Regulations, 2003, hereinafter referred to as “the principal regulations”. L.N. 138 of 2003.

These regulations implement the provisions of Commission Scope.

Directive 2004#1#EC of the 6 January, 2004 and Commission Directive

2004#14#EC of the 29 January, 2004.

(1) These regulations, other than regulation 4, shall come Commencement.

into force on the 2nd September, 2005, provided that materials and

articles filled before 2 August 2005 may continue to be placed on the

market provided that the date of filling appears on the materials and

articles. The date of filling may be replaced by another indication,

provided that the indication permits the identification of the date of

filling. Upon request the date of filling shall be made available to the

health authority and any person enforcing these provisions. This shall

apply without prejudice to the requirements provided for in the Labelling,

Presentation and Advertising of Foodstuffs Regulations.

(2) Regulation 4 shall come into force on the 29th January,

2006.

For the Fourth Schedule to the principal regulations, there shall Substitutes the

Fourth Schedule to

be substituted the following>-

the principal

regulations.

“FOURTH SCHEDULE

Registered Cellulose Film

1. This Schedule contains specific provisions within the meaning

of regulation 4.

2. This Schedule shall apply to regenerated cellulose film within

the meaning of the description given in Part A which either>

(a)

constitutes a finished product in itself< or

(b) forms part of a finished product containing other

materials, and which is intended to come into contact with

foodstuffs or which, by virtue of its purpose, does come into such

contact.

3. This Schedule does not apply to synthetic casings of

regenerated cellulose

4. The regenerated cellulose film referred to in paragraph 2 shall

belong to one of the following types>

(a)

uncoated regenerated cellulose film<

(b) coated regenerated cellulose film with coating derived

from cellulose< or

(c) coated regenerated cellulose film with coating consisting

of plastics.

Regenerated cellulose film referred to in points (a) and (b) of

paragraph 4 shall be manufactured using only substances or groups of

substances listed in Part B subject to the restrictions set out therein.

By way of derogation from paragraph 5, substances other than

those listed in Part B may be used when these substances are employed

as colouring matter (dyes and pigments) or as adhesives, provided that

there is no trace of migration of the substances into or onto foodstuffs,

detectable by a validated method.

Regenerated cellulose film referred to in paragraph 4 (c) shall

be manufactured, prior to coating, using only substances or groups of

substances listed in the First Part of Annex II of Directive 93#10#EEC,

as amended by Directive 93#111#EC and Directive 2004#14#EC, subject

to the restrictions set out therein.

The coating to be applied to the regenerated cellulose film

referred to in paragraph 7 shall be manufactured using only substances

or groups of substances listed in Annexes II to VI to Directive

2002#72#EC, subject to the restrictions set out therein.

Without prejudice to paragraph 7, materials and articles made

of regenerated cellulose film referred to in paragraph 4 (c) shall comply

with paragraphs 5 and 13 to 17 of the Fifth Schedule.

Printed surfaces of regenerated cellulose film shall not come

into contact with the foodstuffs.

At the marketing stages other than the retail stages, materials

and articles made of regenerated cellulose film intended to come into

contact with foodstuffs shall be accompanied by a written declaration

in accordance with regulation 7.5.

Paragraph 11 does not apply to materials and articles made

of regenerated cellulose film which by their nature are clearly intended

to come into contact with foodstuffs.

Where special conditions of use are intended, the material or

article made of regenerated cellulose film shall be labelled accordingly.

Part A

Description of Regenerated Cellulose Film

Regenerated cellulose film is a thin sheet material obtained from a

refined cellulose derived from unrecycled wood or cotton. To meet

technical requirements, suitable substances may be added either in the

mass or on the surface. Regenerated cellulose film may be coated on

one or both sides.

Part B

List of Substances Authorized in the Manufacture of Regenerated

Cellulose Film

As stipulated by Annex II of Commission Directive 93#10#EEC

(OJ L 93, 17.4.1993, p.27), as amended by Commission Directive

93#111#EC (OJ L 310, 14.12.1993, p.41) and by Commission Directive

2004#14#EC (OJ L 27, 30.1.2004, p.48).

Copies of the abovementioned Annexes shall be accessible to the

general public at the Foodstuffs, Chemicals and Cosmetics Directorate

of the Malta Standards Authority.”.

Amends the Fifth

5. The following shall be added to Part III Section A of the Fifth

Schedule to the

Schedule>-

principal

regulations.

“8.

Commission Directive 2004#1#EC (OJ L 7, 13.1.2004,

p.45)”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press