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This is the original version (as it was originally made).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.

Consideration of the application

This section has no associated Executive Note

2.  The Agency may grant a licence where it is satisfied that—

(a)the facility specified in the application satisfies the requirements of the Code of Practice;

(b)the food described in the application falls within a permitted category;

(c)there is a reasonable technological need;

(d)the irradiation would present no health hazard and would be carried out under the conditions described in the application;

(e)the irradiation would be of benefit to the consumer;

(f)the irradiation would not be used as a substitute for hygiene and health practices or for good manufacturing or agricultural practice;

(g)the purposes of irradiation are only—

(i)to reduce the incidence of food-borne disease by destroying pathogenic organisms;

(ii)to reduce spoilage of foodstuffs by retarding or arresting decay processes and destroying spoilage organisms;

(iii)to reduce loss of foodstuffs by premature ripening, germination or sprouting; or

(iv)to rid foodstuffs of organisms harmful to plants or plant products;

(h)where the purposes of irradiation include reducing the incidence of food-borne disease by destroying pathogenic organisms, the applicant will use microbiological criteria in deciding whether to irradiate food;

(i)there is no significant risk that the applicant may irradiate food which for microbiological reasons cannot comply with food safety requirements, or cannot comply without being irradiated;

(j)every method specified under paragraph 1(f)(ii) is adequate to enable the applicant to ensure that the food is in a suitably wholesome state before irradiation;

(k)the overall average dose specified under paragraph 1(f)(iii) in relation to each description of food is consistent with each purpose specified in respect of that description of food under paragraph 1(f)(i);

(l)the method and standard specified under paragraph 1(f)(iv)—

(i)comply with Schedule 1; and

(ii)eliminate any significant risk that the overall average dose, measured by that method, will deviate significantly from the overall average dose as defined under paragraph 1 of Schedule 1;

(m)the factors specified under paragraph 1(f) eliminate any significant risk that food, irradiated in any packaging specified under paragraph 1(f)(v), and at any temperature specified under paragraph 1(f)(vi), will fail to comply with food safety requirements; and

(n)the practices and qualifications specified in the statement under paragraph 1(h) are adequate for ensuring that the requirements of these Regulations and of any conditions of the licence will not be breached.

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