S.I. No. 454/2025 - European Union (Plastics and other materials) (Contact with food) (Amendment) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 7th October, 2025. | ||
I, MARTIN HEYDON, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Commission Regulation (EU) 2019/1338 of 8 August 20191 , Commission Regulation (EU) 2020/1245 of 2 September 20202 , Commission Regulation (EU) 2022/1616 of 15 September 20223 , Commission Regulation (EU) 2023/1442 of 11 July 20234 , Commission Regulation (EU) 2023/1627 of 10 August 20235 , Commission Regulation (EU) 2024/3190 of 19 December 20246 and Commission Regulation (EU) 2025/351 of 21 February 20257 , hereby make the following regulations: | ||
Citation | ||
1. These Regulations may be cited as the European Union (Plastics and other materials) (Contact with food) (Amendment) Regulations 2025. | ||
Amendments | ||
2. The European Union (Plastics and other materials) (Contact with food) Regulations 2017 ( S.I. No. 49 of 2017 ) are amended- | ||
(a) in Regulation 2– | ||
(i) by the substitution in paragraph (1)– | ||
(I) for the definition of “Plastics Regulation” (inserted by the European Union (Plastics and other materials) (Contact with Food) (Amendment) Regulations 2019 ( S.I. No. 278 of 2019 )), of - | ||
“‘Plastics Regulation’ means Commission Regulation (EU) No. 10/2011 of 14 January 2011 (as amended by Commission Implementing Regulation (EU) No 321/2011 of 1 April 2011, Commission Regulation (EU) No 1282/2011 of 28 November 2011, Commission Regulation (EU) No 1183/2012 of 30 November 2012, Commission Regulation (EU) No 202/2014 of 3 March 2014, Commission Regulation (EU) No 865/2014 of 8 August 2014, Commission Regulation (EU) 2015/174 of 5 February 2015, Commission Regulation (EU) 2016/1416 of 24 August 2016, Commission Regulation (EU) 2017/752 of 29 April 2017, Commission Regulation (EU) 2018/79 of 18 January 2018, Commission Regulation (EU) 2018/831 of 5 June 2018, Commission Regulation (EU) 2019/37 of 10 January 2019, Commission Regulation (EU) 2019/1338 of 8 August 2019, Commission Regulation (EU) 2020/1245 of 2 September 2020, Commission Regulation (EU) 2023/1442 of 11 July 2023, Commission Regulation (EU) 2023/1627 of 10 August 2023, Commission Regulation (EU) 2024/3190 of 19 December 2024 and Commission Regulation (EU) 2025/351 of 21 February 2025);”, | ||
(II) for the definition of “Recycled Plastics Regulation”, of - | ||
“‘Recycled Plastics Regulation’ means Commission Regulation (EU) 2022/1616 of 15 September 2022 (as amended by Commission Regulation (EU) 2025/351 of 21 February 2025);”, and | ||
(III) for the definition of “GMP Regulation”, of- | ||
“‘GMP Regulation’ means Commission Regulation (EC) No 2023/2006 of 22 December 2006 (as amended by Commission Regulation (EC) No 282/2008 of 27 March 2008 and Commission Regulation (EU) 2025/351 of 21 February 2025);”, and | ||
(ii) by the substitution in paragraph (2) for “or Commission Regulation (EU) No. 284/2011 of 22 March 2011” of “, Commission Regulation (EU) 2024/3190 of 19 December 2024, Commission Regulation (EU) 2025/351 of 21 February 2025 or Commission Regulation (EU) No. 284/2011 of 22 March 2011”, | ||
(b) in Regulation 3, by inserting after paragraph (4) the following paragraph– | ||
“(5) A person shall not manufacture, sell, supply, import, engage in trade in or use in the course of a business in connection with the storage, preparation, packaging, sale, supply or serving of a foodstuff type 3 film unless— | ||
(a) the film is manufactured in accordance with Annex II to the Cellulose Film Directive, prior to coating, using a substance or group of substances listed in that Annex, | ||
(b) the material or article made of type 3 film complies with Articles 12, 17 and 18 of the Plastics Regulation, and | ||
(c) the material or article made of type 3 film is coated with material manufactured in accordance with Annex I of the Plastics Regulation from substances or groups of substances listed in that Annex.”, | ||
(c) in Regulation 4– | ||
(i) by inserting after paragraph (8) the following paragraph– | ||
“(8A) A person who sells or supplies a final plastic food contact article intended for repeated use that does not comply with Article 14a of the Plastics Regulation commits an offence.”, and | ||
(ii) by inserting after paragraph (11) the following paragraphs – | ||
“(11A) A person may, in accordance with Article 4(1) of Commission Regulation (EU) 2025/351 of 21 February 2025, continue to place on the market plastic materials and articles specified in that provision that were first placed on the market before 16 September 2026 until the exhaustion of stocks. | ||
(11B) A person who, after 16 December 2025, places on the market a substance or product specified in Article 4(2) of Commission Regulation (EU) 2025/351 of 21 February 2025 without making available in the relevant declaration of compliance the information required by that Article commits an offence.”, | ||
(d) in Regulation 9(1) by the substitution for subparagraph (xv) of– | ||
“(xv) require of a person any information required by an act of an institution of the European Union referred to in Regulation 2(2).”, | ||
(e) in Regulation 11 where it first occurs, by inserting after paragraph (2)(d) the following subparagraph– | ||
“(dd) direct a person to recall or withdraw a substance, material or article to which these Regulations apply in such a manner as may be specified in the notice,”, | ||
(f) in Regulation 11 where it secondly occurs, by the substitution for “11. In proceedings for an offence under these Regulations,”, of “11A. In proceedings for an offence under these Regulations,”, and | ||
(g) in Regulation 13, by the substitution for paragraph (1) (amended by the European Union (Plastics and other materials) (Contact with Food) (Amendment) Regulations 2019), of– | ||
“13. (1) A person who, by act or omission, contravenes— | ||
(a) Article 3, 4, 11(4), 11(5), 15, 16(1) or 17 of the Framework Regulation, | ||
(b) Article 4, 5, 6, 9, 10, 11, 12 or 13 of the active and intelligent material Regulation, subject to Article 14 of that Regulation, | ||
(c) Article 4, 5, 6 or 7 of the GMP Regulation, | ||
(d) Article 2, 3, 4 or 5 of the Epoxy Derivatives Regulation, | ||
(e) Article 4 to 13, 15, 16, 21, 22, 25, 26 or 29 of the Recycled Plastic Regulation, subject to Articles 31 to 33 of that Regulation, | ||
(f) Article 3, 4, 5, 6(1), 6(5), 7 or 8 of Regulation (EU) 2024/3190, subject to Articles 11 and 12 of that Regulation, or | ||
(g) Regulation 3, 5, 6, 7, 11(3), 11(9) or 12 of these Regulations | ||
commits an offence and is liable— | ||
(i) on summary conviction to a Class A fine or to a term of imprisonment not exceeding 6 months, or to both, or | ||
(ii) on conviction on indictment, to a fine not exceeding €250,000 or to a term of imprisonment not exceeding 3 years or to both.”. | ||
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GIVEN under my Official Seal, | ||
31 July, 2025. | ||
MARTIN HEYDON, | ||
Minister for Agriculture, Food and the Marine. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations give further effect to Commission Regulation (EU) 2019/1338 of 8 August 2019, Commission Regulation (EU) 2020/1245 of 2 September 2020, Commission Regulation (EU) 2022/1616 of 15 September 2022, Commission Regulation (EU) 2023/1442 of 11 July 2023, Commission Regulation (EU) 2023/1627 of 10 August 2023, Commission Regulation (EU) 2024/3190 of 19 December 2024 and Commission Regulation (EU) 2025/351 of 21 February 2025. | ||
6 OJ L, 2024/3190, 31.12.2024, ELI: http://data.europa.eu/eli/reg/2024/3190/oj 7 OJ L, 2025/351, 24.2.2025, ELI: http://data.europa.eu/eli/reg/2025/351/oj |
