Scottish Statutory Instruments
2010 No. 328
Food
The Food Irradiation (Scotland) Amendment Regulations 2010
Made
15th September 2010
Laid before the Scottish Parliament
17th September 2010
Coming into force
20th October 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1) and (3), 17(1), 18(1)(c), 19(1)(b), 26 and 48(1) of, and paragraphs 1 and 4(b) of Schedule 1 to, the Food Safety Act 1990(1) and all other powers enabling them to do so.
In accordance with section 48(4A) of that Act, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency(2).
There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3).
Citation and commencement
1. These Regulations may be cited as the Food Irradiation (Scotland) Amendment Regulations 2010 and come into force on 20th October 2010.
Amendment of the Food Irradiation (Scotland) Regulations 2009
2. The Food Irradiation (Scotland) Regulations 2009(4) are amended in accordance with regulations 3 to 6.
3. In regulation 10(1)(a) (offences and penalties) for “6 months” substitute “12 months”.
4. In Schedule 2 (licences) for paragraph 15(1)(b) (requirements and prohibitions to be observed by a licensee) substitute—
“(b)its batch number;”.
5. For Schedule 3 (list of approved facilities in member States) substitute the Schedule set out in Schedule 1 to these Regulations.
6. For Schedule 4 (list of facilities in a country outside the European Community) substitute the Schedule set out in Schedule 2 to these Regulations.
Application of regulation 3
7. The amendment made by regulation 3 does not apply in relation to proceedings commenced prior to 20th October 2010.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
15th September 2010
Regulation 5
SCHEDULE 1REPLACEMENT SCHEDULE 3 TO THE FOOD IRRADITION (SCOTLAND) REGULATIONS 2009
Regulations 3(1) and 5(1)(b)(i)
“SCHEDULE 3LIST OF APPROVED FACILITIES IN MEMBER STATES
| Official reference number | Name and address |
|---|---|
| 2110/91/0004 | Sterigenics |
| SA Zoning Industriel | |
| B-6220 Fleurus | |
| Belgium | |
| 01/23.05.2008 | BULGAMMA SOPHARMA Ltd |
| Iliensko Shosse Str.16 | |
| Sofia | |
| Bulgaria | |
| IR-02-CZ | BIOSTER a.s. |
| Tejny 621 | |
| 664- 71 Veverska Bityska | |
| Czech Republic | |
| SN 01 | Gamma-Service |
| Produktbestrahlung GmbH | |
| Juri—Gagarin Strasse 15 | |
| D-01454 Radeberg | |
| Germany | |
| BY FS 01/2001 | Isotron Deutschland GmbH |
| Kesselbodenstrasse 7 | |
| D-85391 Allershausen | |
| Germany | |
| NRW-GM 01 and NRW-GM 02 | BSG Beta-Gamma-Service GmbH & Co. KG |
| Fritz-Kotz-Str.16 | |
| D-51674 Wiehl | |
| Germany | |
| D-BW-X-01 | Beta-Gamma-Service GmbH & Co. KG |
| John-Deere-Strasse 3 | |
| D-76646 Bruchsal | |
| Germany | |
| 500001/CU | Ionmed Esterilización, SA |
| Santiago Rusiñol 12. Madrid | |
| Antigua Cntra Madrid-Valencia KM 83.7. | |
| Tarancón | |
| Cuenca | |
| Spain | |
| 5.00002/B | ARAGOGAMMA S.A. |
| Salvador Mundi 11, bajo. | |
| 08017 Barcelona | |
| Carretera Granoolers a Cardedeu km 3,5. | |
| 08520 Les Franqueses dêsVallés | |
| Barcelona | |
| Spain | |
| 13055 F | Isotron France SAS |
| Rue Jean Queillau | |
| Marché des Arnavaux | |
| F-13014 Marseille Cedex 14 | |
| France | |
| 01 142 F | Ionisos SA |
| Zone Industrielle les Chartinières | |
| F-01120 Dagneux | |
| France | |
| 72 264 F | Ionisos SA |
| Zone Industrielle de l’Aubrée | |
| F-72300 Sablé-sur-Sarthe | |
| France | |
| 85 182 F | Ionisos SA |
| ZI Montifaud | |
| F-85700 Pouzauges | |
| France | |
| 10 093 F | Ionisos SA |
| Zone Industrielle | |
| F-10500 Chaumesnil | |
| France | |
| EU-AIF-04-2002 | AGROSTER Besugárzó Részvénytársaság |
| Budapest X | |
| Jászberényi út 5 | |
| H-1106 | |
| Hungary | |
| RAD 1/04 IT | GAMMARAD ITALIA SPA |
| Via Marzabotto, 4 | |
| Minerbio (BO) | |
| Italy | |
| GZB/VVB-991393 Ede | Isotron Nederland BV |
| Morsestraat 3 | |
| 6716AH Ede | |
| Netherlands | |
| GZB/VVB-991393 Etten-Leur | Isotron Nederland BV |
| Soevereinsestraat 2 | |
| 4879NN Etten-Leur | |
| Netherlands | |
| GIS-HZ-4434-W.-3/MR/03 | Institute of Nuclear Chemistry and Technology |
| 16 Dorodna Str. | |
| 03-195 Warsaw | |
| Poland | |
| GIS-HZ-4434-W.-2/MR/03 | Institute of Applied Radiation Chemistry |
| Technical University of Lodz | |
| 15 Wróblewskiego Str. | |
| 39-590 Lodz | |
| Poland | |
| RG016/2008 | Multipurpose Irradiation Facility |
| IRASM Technological Irradiations Department | |
| Horia Hulubei National Institute for Research | |
| and Development of Physics and Nuclear | |
| Engineering | |
| Atomistilor Street No. 407 | |
| PO Box MG-6 | |
| Magurele. Ilfov County | |
| Romania | |
| EW/04 | Isotron Limited |
| Moray Road | |
| Elgin Industrial Estate | |
| Swindon | |
| Wilts SN2 8XS | |
| United Kingdom” |
Regulation 6
SCHEDULE 2REPLACEMENT SCHEDULE 4 TO THE FOOD IRRADIATION (SCOTLAND) REGULATIONS 2009
Regulation 5(1)(b)(ii)
“SCHEDULE 4LIST OF FACILITIES IN COUNTRIES OUTSIDE THE EUROPEAN UNION
| Official reference number | Name and address |
|---|---|
| EU-AIF 01-2002 | HEPRO Cape (Pty) Ltd |
| 6 Ferrule Avenue | |
| Montague Gardens | |
| Milnerton 7441 | |
| Western Cape | |
| Republic of South Africa | |
| EU-AIF 02-2002 | Gammaster South Africa (Pty) Ltd |
| PO Box 3219 | |
| 5 Waterpas Street | |
| Isando Extension 3 | |
| Kempton Park 1620 | |
| Johannesburg | |
| Republic of South Africa | |
| EU-AIF 03-2002 | Gamwave (Pty) Ltd |
| PO Box 26406 | |
| Isipingo Beach | |
| Durban 4115 | |
| Kwazulu-Natal | |
| Republic of South Africa | |
| EU-AIF 05-2004 | Gamma-Pak As |
| Yünsa Yolu N: 4 0SB | |
| Cerkezköy/TEKIRDAG | |
| TR-59500 | |
| Turkey | |
| EU-AIF 06-2004 | Studer Agg Werk Hard |
| Hogenweidstrasse 2 | |
| Däniken | |
| CH-4658 | |
| Switzerland | |
| EU-AIF 07-2006 | Thai Irradiation Centre |
| Thailand Institute of Nuclear Technology | |
| (Public Organisation) | |
| 37 Moo 3, TECHNOPOLIS | |
| Klong 5, Klong Luang | |
| Pathumthani 12120 | |
| Thailand | |
| EU-AIF 08-2006 | Isotron (Thailand) Ltd |
| Bangpakong Industrial Park (Amata Nakorn) | |
| 700/465 Moo 7, Tambon Donhuaroh, | |
| Amphur Muang, | |
| Chonburi 20000 | |
| Thailand | |
| EU-AIF 09-2010 | Board of Radiation and Isotope Technology |
| Department of Atomic Energy | |
| BRIT/BARC Vashi Complex | |
| Sector 20, Vashi | |
| Navi Mumbai – 400 705 (Maharashtra) | |
| India | |
| EU-AIF 10-2010 | Board of Radiation and Isotope Technology |
| ISOMED | |
| Bhabha Atomic Research Centre | |
| South Site Gate, Refinery Road | |
| Next to TATA Power Station, Trombay | |
| Mumbai – 400 085 (Maharashtra) | |
| India | |
| EU-AIF 11-2010 | Microtrol Sterilisation Services Pvt. Ltd |
| Plot No. 14 Bommasandra- Jigani Link Road | |
| Industrial Area | |
| KIADB, Off Hosur Road | |
| Hennagarra Post | |
| Bengalooru – 562 106 (Karnataka) | |
| India” |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Food Irradiation (Scotland) Regulations 2009 to give effect to:–
(a)Commission Decision 2010/172/EU amending Decision 2002/840/EC as regards the list of approved facilities in third countries for the irradiation of foods (O.J. No. L 75, 23.3.2010, p.33); and
(b)undated Commission list of approved facilities for the treatment of foods and food ingredients with ionising radiation in the member States(5) replacing Commission list of such facilities of 3 September 2004.
These Regulations amend the Food Irradiation (Scotland) Regulations 2009 by—
(a)substituting for “6 months” in regulation 10(1)(a) (offences and penalties) the period of “12 months” so as to bring the penalty of imprisonment on summary conviction into line with section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (regulation 3);
(b)substituting a new paragraph 15(1)(b) in Part 3 (requirements and prohibitions to be observed by a licensee) of Schedule 2 (licences) (regulation 4);
(c)substituting for Schedule 3 (list of approved facilities in member States) a revised Schedule 3 containing a modified list of approved facilities in member States (regulation 5); and
(d)substituting for Schedule 4 (list of facilities in a country outside the European Community) a revised Schedule 4 adding three new facilities to the list of the approved facilities in countries outside the European Union (regulation 6).
No impact assessment has been prepared for this instrument as it has no impact on the costs of business.
1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(1), 18(1), 19(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”); section 17(1) was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act; section 26(3) was amended by Schedule 6 to the 1999 Act and is read with section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6); section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; by virtue of section 40(2) of the 1999 Act, amendments made by Schedule 5 to the 1999 Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) (“the 1998 Act”). The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.
O.J. No. L 31, 1.2.2002, p.1, last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (O.J. No. L 188, 18.7.2009, p.14).
Published on the Commission website via http://ec.europa.eu/food/food/biosafety/irradiation/comm_legisl_en.htm. A hard copy may be obtained from the European Commission, Directorate General for Health and Consumers, B-1049 Brussels, Belgium.