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The Food Irradiation (Scotland) Regulations 2009

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Restrictions on importation

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5.—(1) No person may import any irradiated food into Scotland for the purpose of sale unless—

(a)it falls within a permitted category of food;

(b)it has been irradiated in one of the facilities listed in the table in—

(i)Schedule 3, being in each case a facility in a member State approved for the irradiation of foods and food ingredients by the member State concerned; or

(ii)Schedule 4, being in each case a facility in a country or territory outside the European Community and approved by the Community;

(c)it is properly irradiated food; and

(d)the requirements of paragraph (2) or (3) are complied with.

(2) Where the food was irradiated in another member State, it must be accompanied by documents containing—

(a)either the name and address of the facility which carried out the irradiation, or its official reference number; and

(b)the information specified in paragraph 15(1)(a) to (d) and (2)(d) of Part 3 of Schedule 2.

(3) Where the food was irradiated outside the European Community, it must comply with the following conditions:—

(a)it is accompanied by documents containing the name and address of the facility in which it was irradiated and the information specified in paragraph 15(1) of Part 3 of Schedule 2; and

(b)in the case of food other than dried aromatic herbs, spices or vegetable seasonings—

(i)it was irradiated by a person approved, under a reference by which the approval can be identified, by a competent authority in the country in which it was irradiated;

(ii)the approval requires the method of measurement specified in Schedule 1 relating to food to which the approval relates; and

(iii)the operation of the legislation in force in that country relating to the irradiation of food protects human health to an extent not less than human health is protected by the operation of these Regulations; and

(c)it complies with the conditions which apply to the food.

(4) This regulation applies to food which has (as well as food which has not) become an ingredient of other food.

(5) In paragraph (3)(c) the expression “the conditions which apply to the food” is to be construed in accordance with the expression “the conditions which apply to those foodstuffs” in Article 9(1) of Directive 1999/2/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation(1).

(1)

O.J. No. L 66, 13.3.1999, p.16, as amended by Regulation (EC) No. 1882/2003 (O.J. No. L 284, 31.10.2003, p.1).

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