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The Food Irradiation (Scotland) Amendment Regulations 2010

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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 numberName and address
2110/91/0004Sterigenics
SA Zoning Industriel
B-6220 Fleurus
Belgium
01/23.05.2008BULGAMMA SOPHARMA Ltd
Iliensko Shosse Str.16
Sofia
Bulgaria
IR-02-CZBIOSTER a.s.
Tejny 621
664- 71 Veverska Bityska
Czech Republic
SN 01Gamma-Service
Produktbestrahlung GmbH
Juri—Gagarin Strasse 15
D-01454 Radeberg
Germany
BY FS 01/2001Isotron Deutschland GmbH
Kesselbodenstrasse 7
D-85391 Allershausen
Germany
NRW-GM 01 and NRW-GM 02BSG Beta-Gamma-Service GmbH & Co. KG
Fritz-Kotz-Str.16
D-51674 Wiehl
Germany
D-BW-X-01Beta-Gamma-Service GmbH & Co. KG
John-Deere-Strasse 3
D-76646 Bruchsal
Germany
500001/CUIonmed Esterilización, SA
Santiago Rusiñol 12. Madrid
Antigua Cntra Madrid-Valencia KM 83.7.
Tarancón
Cuenca
Spain
5.00002/BARAGOGAMMA S.A.
Salvador Mundi 11, bajo.
08017 Barcelona
Carretera Granoolers a Cardedeu km 3,5.
08520 Les Franqueses dêsVallés
Barcelona
Spain
13055 FIsotron France SAS
Rue Jean Queillau
Marché des Arnavaux
F-13014 Marseille Cedex 14
France
01 142 FIonisos SA
Zone Industrielle les Chartinières
F-01120 Dagneux
France
72 264 FIonisos SA
Zone Industrielle de l’Aubrée
F-72300 Sablé-sur-Sarthe
France
85 182 FIonisos SA
ZI Montifaud
F-85700 Pouzauges
France
10 093 FIonisos SA
Zone Industrielle
F-10500 Chaumesnil
France
EU-AIF-04-2002AGROSTER Besugárzó Részvénytársaság
Budapest X
Jászberényi út 5
H-1106
Hungary
RAD 1/04 ITGAMMARAD ITALIA SPA
Via Marzabotto, 4
Minerbio (BO)
Italy
GZB/VVB-991393 EdeIsotron Nederland BV
Morsestraat 3
6716AH Ede
Netherlands
GZB/VVB-991393 Etten-LeurIsotron Nederland BV
Soevereinsestraat 2
4879NN Etten-Leur
Netherlands
GIS-HZ-4434-W.-3/MR/03Institute of Nuclear Chemistry and Technology
16 Dorodna Str.
03-195 Warsaw
Poland
GIS-HZ-4434-W.-2/MR/03Institute of Applied Radiation Chemistry
Technical University of Lodz
15 Wróblewskiego Str.
39-590 Lodz
Poland
RG016/2008Multipurpose 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/04Isotron 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 numberName and address
EU-AIF 01-2002HEPRO Cape (Pty) Ltd
6 Ferrule Avenue
Montague Gardens
Milnerton 7441
Western Cape
Republic of South Africa
EU-AIF 02-2002Gammaster South Africa (Pty) Ltd
PO Box 3219
5 Waterpas Street
Isando Extension 3
Kempton Park 1620
Johannesburg
Republic of South Africa
EU-AIF 03-2002Gamwave (Pty) Ltd
PO Box 26406
Isipingo Beach
Durban 4115
Kwazulu-Natal
Republic of South Africa
EU-AIF 05-2004Gamma-Pak As
Yünsa Yolu N: 4 0SB
Cerkezköy/TEKIRDAG
TR-59500
Turkey
EU-AIF 06-2004Studer Agg Werk Hard
Hogenweidstrasse 2
Däniken
CH-4658
Switzerland
EU-AIF 07-2006Thai Irradiation Centre
Thailand Institute of Nuclear Technology
(Public Organisation)
37 Moo 3, TECHNOPOLIS
Klong 5, Klong Luang
Pathumthani 12120
Thailand
EU-AIF 08-2006Isotron (Thailand) Ltd
Bangpakong Industrial Park (Amata Nakorn)
700/465 Moo 7, Tambon Donhuaroh,
Amphur Muang,
Chonburi 20000
Thailand
EU-AIF 09-2010Board of Radiation and Isotope Technology
Department of Atomic Energy
BRIT/BARC Vashi Complex
Sector 20, Vashi
Navi Mumbai – 400 705 (Maharashtra)
India
EU-AIF 10-2010Board 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 11-2010Microtrol 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.

(1)

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).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(3)

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).

(5)

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.

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