3rd Update - imports of plastic kitchenware from China and Hong Kong30-Jun-2011
Port Health Update - Imports of Food Contact Materials
3rd Update - New EU legislation - imports of plastic kitchenware from China and Hong Kong applies from July 2011
In England the EC law will be enforced under The Plastic Kitchenware (Conditions on Imports from China)(England) Regulations 2011
The controls come into effect on the 1 July 2011, therefore consignments arriving on vessels berthing from 00:01 hours onwards will be controlled.
The regulation will apply to polyamide and melamine plastic kitchenware that falls under CN code ex 3924 10 00 (tableware and kitchenware) and have been manufactured in or consigned from China and Hong Kong.
Plastic kitchenware is defined as plastic materials and articles which in the finished product state, are intended to come into contact (or are brought into contact) with food.
Port Health Detention
Ships manifests for vessels arriving on or after the 1st July 2011 will be checked for imports of controlled kitchenware. Manifest descriptions such as plastic kitchenware, restaurant supplies or similar will be detained as will consignments with unclear descriptions.
Out of scope consignments
If a consignment is detained which is not covered by the requirements you will need to provide information to Port Health to prove this. Further information can be found on the Plastic Kitchenware page.
In addition Customs will need to be advised that the consignment is out of scope. The CN code has been split down to enable the declaration of goods that are in scope and those that are out of scope of the regulation.
The code 3924 10 00 11 has been put in place for kitchenware that is in scope and originates from China or Hong Kong.
Consignments that are out of scope should be entered under 3924 10 00 19.
Imports of controlled consignments will only be permitted where the consignment is pre-notified to port health and accompanied by a declaration and laboratory report(s) demonstrating compliance with the limits set down in the law. Further information about the documentary requirements for controlled consignments can be found on the Plastic Kitchenware page.
What are the limits that apply?
Checks on Imports
Checks will be carried out as follows:-
Completion of checks
Port Health will be required to endorse the declaration indicating whether the goods are acceptable or not.
Release pending the results of checks/ Onward Transportation
The European legislation makes provision for onward transportation of consignments which have been sampled to an inland control point (customs managed storage facility). Port Health have consulted with our Analyst and have been advised that the turnaround time for sample analysis will be approximately 7 days; in light of this, a decision has been made not to permit the routine movement of consignments pending the results of checks. There is a possibility that early samples may be slightly delayed whilst testing procedures are established.
The analytical turnaround times will be kept under review and if necessary procedures will be introduced for onward transportation. If this is introduced additional charge will be payable when onward transportation is requested. This charge will be established if required.
FeesThe English legislation provides for the charging of fees for the checking of documentation and the examination and sampling of consignments. This includes a fee covering the analytical costs. A fee will also be payable for the additional controls in relation to any non-compliant consignments.
The charges are now available on the fees page.