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The Secretary of State, in exercise of the powers conferred on him by sections 16(1) and (3), 17(1), 18(1), 19(1)(b), 26, 45 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 him in that behalf, having had regard in accordance with section 48A of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act makes the following Regulations: Title, extent and commencement 1. These Regulations may be cited as the Food Irradiation Provisions (England) Regulations 2000; they extend to England only and shall come into force on 20th September 2000. Amendments to the Food (Control of Irradiation) Regulations 1990 2. The Food (Control of Irradiation) Regulations 1990[2] shall be amended insofar as they extend to England in accordance with regulations 3 to 16 below. 3. In paragraph (1) of regulation 2 (interpretation) -
4.
In paragraph (1) of regulation 4 (restriction on importation) for the words "Great Britain" there shall be substituted the word "England".
6A. - (1)
(b) Either the identity and address of the facility which carried out the irradiation, or the official reference number, shall be indicated on the documents referred to in sub-paragraph (a) above.
(2) In this regulation "ultimate consumer" and "catering establishment" have the meanings given in regulation 2(1) of the Food Labelling Regulations 1996[5]; and "the official reference number" is that referred to in Article 7.1 of Directive 1999/2.".
7.
In regulation 7 (activities taking place in Northern Ireland) -
(b) after the words "Northern Ireland" there shall in each case be inserted the words ", Scotland or Wales, as the case may be".
8.
For the text of regulation 8 (defence in relation to exports) there shall be substituted -
9.
In Schedule 1 (irradiation licences), in Part I (grant of irradiation licences), in paragraph 1 -
(b) the following sub-paragraph shall be inserted between sub-paragraphs (f) and (g) -
(c) the following sub-paragraph shall be inserted between sub-paragraph (g) and (h) -
10.
In Schedule 1, in Part I, in paragraph 3(1) -
(b) in sub-paragraph (g), after "paragraph 1(f)(iv) above" there shall be inserted "are in conformity with Annex III to Directive 1999/2 and";
(j) that the irradiation will be of benefit to the consumer,"; and
(e) in the full-out words, for "paragraphs (a) to (i) above" there shall be substituted "sub-paragraphs (a) to (j) above".
11.
In Schedule 1, in Part II (terms and conditions of irradiation licences) -
(b) the contents of paragraph 15 shall be numbered "(1)" and there shall be added the following sub-paragraph -
18. The licence shall, subject to Part III below, continue in effect unless withdrawn or suspended in accordance with the provisions of Part IV below or surrendered by the licensee to the licensing authority; and existing licenses shall be construed accordingly.".
12.
In Schedule 1, in Part III (variation of irradiation licence), for paragraph 1(1) there shall be substituted the following -
(b) any condition of a licence inserted by virtue of paragraph 5 or 6 of Part II above.".
13.
In Schedule 1, in Part IV (withdrawal, suspension and extension of irradiation licence) -
(ii) paragraphs 4 and 5 shall be revoked.".
14.
In Schedule 1, in Part VI (charges) -
(ii) if the application (however many descriptions of food the application relates to) falls within paragraph 3(3) of Part I above, a sum (fixed at the discretion of the licensing authority) no greater than the sum which would otherwise have been payable in respect of the original application;
(b) the amount of the inspection charge is £750 for each inspection carried out in respect of which an inspection charge is payable; and
(ii) £500 in any other case.";
(b) in sub-paragraph (b) of paragraph 3 -
(ii) for "£2,700" in paragraph (ii) there shall be substituted "£2,250".
15.
For Schedule 2 (importation of food) there shall be substituted the following - 1. This Part applies to the importation of food irradiated in other member States. 2. For the purposes of regulation 4 -
(b) "appropriate documentation" means documentation containing the information referred to in regulation 6A(1)(b).
1. This Part applies to the importation of food irradiated in a country (or territory) outside the European Community. 2. In the case of herbs and spices, for the purposes of regulation 4 -
(b) "appropriate documentation" means the documents referred to in the second indent of paragraph 1 of the said Article 9.
3.
In the case of food other than herbs and spices -
(b) that any irradiation licence granted in that country includes provision for an approved method of measurement relating to food to which the licence relates; and (c) that the operation of the legislation in force in that country relating to the subjection there of food to treatment by ionising radiation protects human health to an extent not less than human health is protected by operation of these Regulations.
(4) If the Agency ceases to be satisfied of the matters specified in sub-paragraphs (a), (b) and (c) of sub-paragraph (2) above in respect of an origin in a country it may publish in the London Gazette notice that, as from a date specified in the notice, that origin shall no longer be an appropriate origin for the purposes of these Regulations and, if such a notice is published, the recognition of appropriate origin shall cease to have effect on that date. (5) Appropriate documentation for food other than herbs and spices for the purposes of these Regulations is a statement to the effect that the food has been subjected to treatment by ionising radiation, together with -
(b) confirmation from the holder of the irradiation licence in the country in which the food was subjected to treatment by ionising radiation that the irradiation licence was in effect in relation to the food at the time at which that treatment took place.".
16.
In Schedule 3 (requirements for storage and transportation) -
(b) in paragraph 4, after "Northern Ireland" there shall be inserted ", Scotland and Wales".
Amendments to the Food Labelling Regulations 1996
19.
In paragraph (1)(iv) of regulation 3 (exemptions), for the words "and Directive 94/54" there shall be substituted the words ", Directive 94/54 and Directive 99/2".
(ii) where an ingredient of such a compound ingredient has been irradiated the name of that ingredient and the words required by paragraph 2 of Schedule 2 shall be given, except in the case of food which is prepared for patients requiring sterile diets under medical supervision.".
21.
The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 26 (small packages and certain indelibly marked bottles) -
(b) contains any ingredient which has been irradiated; and (c) is not prepared for patients requiring sterile diets under medical supervision,
shall be marked or labelled with an indication that it contains that ingredient, and in such a case the reference within that indication to that ingredient shall include or be accompanied by the word "irradiated" or the words "treated with ionising radiation".".
22.
In regulation 35 (general requirement as to the manner of marking or labelling of food other than food to which regulation 23, 27 or 31 applies) -
(b) in the full-out words to paragraph (1), after the word "may" there shall be inserted the words "(except as provided in paragraph (2) of this regulation)"; and (c) there shall be inserted after paragraph (1) the following paragraph -
23.
In regulation 36 (manner of marking or labelling of food to which regulation 23 or 27 applies) -
(c) there shall be inserted at the end the following paragraphs -
(b) sub-paragraph (c) of paragraph (5) of this regulation shall not apply as regards the particulars specified in regulations 14(2), 25(1) and 27(3) and (4) and paragraph 2 of Schedule 2.
(7) Paragraph (6) of this regulation shall not apply in relation to food which is prepared for patients requiring sterile diets under medical supervision.".
24.
In sub-paragraph (b) of regulation 47 (defence in relation to exports), for the words "and Directive 94/54" there shall be substituted the words ", Directive 94/54 and Directive 99/2". (This note is not part of the Regulations) 1. These Regulations give effect in England to the provisions of -
(b) Directive 1999/3/EC of the European Parliament and of the Council on the establishment of a Community list of foods and food ingredients treated with ionising radiation (OJ No. L66, 13.3.99, p. 24).
2.
These Regulations give effect to the above provisions by amending the following Regulations in so far as they extend to England -
(b) the Food Labelling Regulations 1996 (S.I. 1996/1499), as amended.
3.
The Food (Control of Irradiation) Regulations 1990 and the Food Labelling Regulations 1996 extend to the whole of Great Britain.
(b) the definition of "ionising radiation" in regulation 2(1) is amended (regulation 3(b)); (c) a new regulation, 6A, requiring the labelling of non-consumer foods which are subjected to ionising radiation, is inserted (regulation 6); (d) the text of regulation 8 (defence in relation to exports) is revised (regulation 8). The defence now only operates in relation to food intended for export to a country which is not a member of the European Community; (e) the particulars specified in paragraph 1 of Part I of Schedule 1 (particulars to be sent to the licensing authority by a person applying for an irradiation licence) are amended (regulation 9); (f) the matters set out in paragraph 3 of Part I of Schedule 1 (matters the licensing authority has to take into account in deciding whether to grant or to refuse to grant an irradiation licence) are revised (regulation 10); (g) the terms and conditions set out in Part II of Schedule 1 (terms and conditions to be included in irradiation licences) are varied (regulation 11); (h) the licensing authority and the licensee are given the power to agree a variation of the term of an irradiation licence inserted by virtue of paragraph 4 of Part II of Schedule 1 (regulation 12); (i) the power to extend an irradiation licence currently found in Part IV of Schedule 1 is revoked (regulation 13); (j) a revised paragraph 2 of Part VI of Schedule 1 (which specifies the amount of each charge referred to in that Schedule) is substituted for the existing paragraph 2 of that Part, which also specifies the amount of each charge referred to in Schedule 1 (regulation 14(a)); (k) paragraph 3(b) of Part VI of Schedule 1 is amended to vary the maximum sums which fall to be paid in any one year in respect of the inspections referred to in regulation 9(3) (regulation 14(b)); and (l) a revised Schedule 2 (relating to the import of food) is substituted for the existing Schedule so numbered (which also deals with the import of food) (regulation 15).
5.
These Regulations also make some consequential amendments to the Food (Control of Irradiation) Regulations 1990.
(b) the definition of "ionising radiation" in regulation 2(1) is amended (regulation 18(b)); (c) the exemption in regulation 3(1) for food brought into Great Britain in certain circumstances from another member State or an EEA state is adjusted so as to require such food to comply (where applicable) with Directive 1999/2/EC (regulation 19); (d) a revised sub-paragraph (b) of regulation 15(4) (providing an exception to the requirement that the names of the ingredients of a compound ingredient used in the preparation of a food have to be given in the list of ingredients of the food) is substituted for the existing sub-paragraph (b) of regulation 15(4) (regulation 20); (e) regulation 26 (small packages and certain indelibly marked bottles) is amended to require certain food which, although exempted from the requirement to be marked or labelled with a list of ingredients, nevertheless contains an ingredient which has been irradiated, to be marked and labelled accordingly (regulation 21); (f) regulation 35 (which imposes a general requirement as to the manner of marking or labelling of certain food) is so amended that the alternative to that requirement contained at the end of that regulation is modified in the case of a specified category of that food which has been irradiated (regulation 22); (g) regulation 36 (which imposes a requirement as to the manner of marking or labelling of certain other food) is so amended that -
(ii) in the case of the sale of food to which regulation 23 or 27 of S.I. 1996/1499 applies which has been irradiated (other than food which is prepared for patients requiring sterile diets under medical supervision), the commercial documents relating to the food must in all cases indicate that it has been irradiated (regulation 23); and
(h) the defence in relation to exports (regulation 47) is updated to include a reference to Directive 1999/2/EC (regulation 24).
7.
A regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations have on business costs, has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Novel Foods Division of the Food Standards Agency, Ergon House, PO Box 31037, Horseferry Road, London SW1P 3WG. Notes: [1] 1990 c. 16. Functions formerly exercisable by "the Ministers" are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend sections 17(1) and 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by S.I. 1999/672 and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1999 c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back [2] S.I. 1990/2490, amended by S.I. 2000/656.back [3] O.J. No. L66, 13.3.1999, p. 16.back [4] O.J. No. L66, 13.3.1999, p. 24.back [5] S.I. 1996/1499; relevant amending instruments are S.I. 1998/1398, S.I. 1999/747, S.I. 1999/1483 and S.I. 2000/768.back [6] Paragraph 4 requires the irradiation licence to specify each description of food to which it applies.back
ISBN 0 11 099892 8
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