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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Food (Control of Irradiation) Amendment (Scotland) Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020284.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1) and (3), 17(1), 18(1), 19(1)(b), 26(1) and 48(1) of, and paragraphs 1 and 4(b) of Schedule 1 to, the Food Safety Act 1990[1], and of all other powers enabling them in that behalf and having had regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with the section 48(4) and (4B)[3] of that Act, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Food (Control of Irradiation) Amendment (Scotland) Regulations 2002 and shall come into force on 1st July 2002. (2) These Regulations shall extend to Scotland only. Amendments to the Food (Control of Irradiation) Regulations 1990 2. The Food (Control of Irradiation) Regulations 1990[4] shall be amended in accordance with regulations 3 to 7 below. 3. In regulation 2(1) (interpretation), the definitions of "the Directives" and "Directive 1999/3" shall be omitted[5]. 4. Regulation 6A[6] (labelling of non-consumer foods) shall be omitted. 5. In Schedule 1 (irradiation licences)-
(b) in Part II (terms and conditions of irradiation licences)-
(2) Subject to sub-paragraph (3) below, the licence shall prohibit the licensee from subjecting to treatment by ionising radiation any food which, or any part of which, has previously been treated by ionising radiation. (3) The licence shall specify that the removal of food from and return of the food to the facility where subjection to treatment by ionising radiation takes place shall, where that removal and return form part of a continuous process required by the design and construction of that facility, not be treated as a subjection to treatment required to be prohibited by sub-paragraph (2) above.";
(iii) after paragraph 15(2) there shall be inserted-
(b) the official reference number of the facility as referred to in Article 7.1 of Directive 1999/2; (c) the name and address of each consignor and each consignee of food within that batch; (d) a statement that the food within that batch has been subjected to treatment by ionising radiation by use of the word "irradiated" or the words "treated with ionising radiation"; (e) the numerical reference by which that batch can be identified; (f) the description and quantity of food within that batch; (g) the date on which the treatment took place; and (h) the overall average dose specified in sub-paragraph (1)(h) above.
(4) In the case of foods not intended for sale to the ultimate consumer or catering establishments, either the information specified in sub-paragraph 3(a) or (b) above shall be indicated in the documentation accompanying the food.
(ii) for "are appropriate to the new description of food", there shall be substituted "will remain appropriate if that variation is effected".
6.
In Schedule 2 (importation of food)-
(ii) in the case of foods not intended for sale to the ultimate consumer or catering establishments, the name and address of the facility which carried out the irradiation or the official reference number of that facility; and
(c) in sub-paragraph (b)(ii) above, "ultimate consumer" and "catering establishment" shall have the same meaning as in regulation 2(1) of the Food Labelling Regulations 1996 and the official reference number is that referred to in Article 7.1 of Directive 1999/2.";
(b) in paragraphs 3(c) and (d) of Part II (importation from third countries), the words "or territory" shall be inserted after the word "country" in each place where it appears;
(ii) confirmation from the holder of the irradiation licence in the country or territory in which the food was subjected to treatment by ionising radiation that an irradiation licence was in effect in relation to the food at the time at which the treatment took place.".
7.
In Schedule 3 (requirements for storage and transportation), for paragraph 2 there shall be substituted-
No Regulatory Impact Assessment has been prepared in respect of these Regulations.
[2]
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back
[3]
Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back
[4]
S.I. 1990/2490, amended by S.S.I. 2000/62 and 309.back
[5]
These definitions were inserted by S.S.I. 2000/309.back
[6]
Regulation 6A was inserted by S.S.I. 2000/309.back
[7]
S.I. 1996/1499, to which there are amendments not relevant to these Regulations.back
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| © Crown copyright 2002 | Prepared 21 June 2002 |
