Search Legislation

The Food Irradiation (Scotland) Regulations 2009

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation

This section has no associated Executive Note

3.—(1) In these Regulations—

the Act” means the Food Safety Act 1990;

“the Agency” means the Food Standards Agency;

“approval” includes a licence;

“approved” includes “licensed”;

“import” means to introduce from another member State or from a country outside the European Community;

“ionising radiation” means any gamma rays, X‑rays or corpuscular radiations which are capable of producing ions either directly or indirectly;

“irradiated” means treated by ionising radiation, and similar expressions shall be construed accordingly;

“licence” except in regulation 7(a)(ii)(bb) means a licence granted by the Agency in accordance with Schedule 2 to a person and a facility to irradiate food and “licensed” and “licensee” shall be construed accordingly;

“official reference number” in relation to a facility in a member State means the reference number allocated by the member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3);

“sell” includes possess, offer, expose and advertise for sale, and “sale” shall be construed accordingly.

(2) For the purposes of these Regulations—

(a)“properly irradiated food” means food which—

(i)was either irradiated alone or as part of a batch of food in which each item was food which fell within the same permitted category of food; and

(ii)has not been over‑irradiated,

and “proper irradiation” shall be construed accordingly;

(b)food falls within a permitted category of food when (excluding the weight of any added water) no less than 98 per cent of it by weight falls within that category, and “item”, in relation to a batch of food, means each item within that batch intended to be capable of being sold individually;

(c)the permitted categories of food are—

(i)fruit;

(ii)vegetables;

(iii)cereals;

(iv)bulbs and tubers;

(v)dried aromatic herbs, spices and vegetable seasonings;

(vi)fish and shellfish; and

(vii)poultry;

(d)in the permitted categories of food—

(i)“fruit” includes fungi, tomatoes and rhubarb;

(ii)“vegetables” excludes fruit, cereals, bulbs and tubers and dried aromatic herbs, spices and vegetable seasonings but includes pulses;

(iii)“bulbs and tubers” means potatoes, yams, onions, shallots and garlic;

(iv)“fish and shellfish” includes eels, crustaceans and molluscs; and

(v)“poultry” means domestic fowls, geese, ducks, guinea fowls, pigeons, quails and turkeys;

(e)food has been over‑irradiated either when the overall average dose of ionising radiation absorbed by it, measured in accordance with Schedule 1, exceeds, in the case of—

(i)fruit, 2 kGy;

(ii)vegetables, 1 kGy;

(iii)cereals, 1 kGy;

(iv)bulbs and tubers, 0.2 kGy;

(v)dried aromatic herbs, spices and vegetable seasonings, 10 kGy;

(vi)fish and shellfish, 3 kGy; or

(vii)poultry, 7 kGy,

or in the circumstances described in paragraph (3).

(3) The circumstances are that the maximum dose of ionising radiation absorbed by the food, or by any food in the same batch, measured in accordance with Schedule 1, is—

(a)more than 3 times the minimum dose absorbed by it; or

(b)more than 1.5 times the overall average dose specified for the food in paragraph (2)(e).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources