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The Food Irradiation (Wales) (Amendment) Regulations 2010

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Welsh Statutory Instruments

2010 No. 2289 (W.201)

FOOD, WALES

The Food Irradiation (Wales) (Amendment) Regulations 2010

Made

15 September 2010

Laid before the National Assembly for Wales

17 September 2010

Coming into force

20 October 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), 16(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 now vested in them(2).

In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency.

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) there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement

1.  The title of these Regulations is the Food Irradiation (Wales) (Amendment) Regulations 2010 and come into force on 20 October 2010.

Amendment of the Food Irradiation (Wales) Regulations 2009

2.  The Food Irradiation (Wales) Regulations 2009(4) are amended in accordance with regulations 3 to 6.

3.  In the Welsh text of Schedule 2 (licences) for the words “risg sylweddol” in paragraph 2(i) of Part 1 there is substituted “risg o bwys”.

4.  In Schedule 2 (licences) for sub-paragraph (1)(b) of paragraph 9 of Part 3 (requirements and prohibitions to be observed by a licensee)—

(1) in the English text there is substituted the following sub-paragraph—

(b)its batch number;, and

(2) in the Welsh text there is substituted the following sub-paragraph—

(b)Rhif y swp;.

5.  For Schedule 3 (list of approved facilities in member States) there is substituted the Schedule set out in Schedule 1.

6.  For Schedule 4 (list of facilities in a country outside the European Community) there is substituted the Schedule set out in Schedule 2.

Gwenda Thomas

Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

15 September 2010

Regulation 5

SCHEDULE 1SCHEDULE SUBSTITUTED FOR SCHEDULE 3 TO THE FOOD IRRADIATION (WALES) REGULATIONS 2009

Regulations 3(1) and 5(1)(b)(i)

SCHEDULE 3LIST OF APPROVED FACILITIES IN MEMBER STATES

Official reference numberName and address
2110/91/0004

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 2SCHEDULE SUBSTITUTED FOR SCHEDULE 4 TO THE FOOD IRRADIATION (WALES) REGULATIONS 2009

Regulation 5(1)(b)(ii)

SCHEDULE 4LIST OF FACILITIES IN COUNTRIES OUTSIDE THE EUROPEAN UNION

Official reference numberName and address
EU-AIF 01-2002

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 TA TA 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)

1.  These Regulations amend the Food Irradiation (Wales) Regulations 2009 (S.I. 2009/1795) (W.162).

2.  These Regulations give effect to the provisions of—

(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 (OJ No. L75, 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.

3.  These Regulations amend the Food Irradiation (Wales) Regulations 2009 by—

(a)substituting “risg o bwys” for “risg sylweddol” in the Welsh text of paragraph 2(i) of Part 1 (grant of licences) of Schedule 2 (licences) (regulation 3);

(b)substituting for sub-paragraph (1)(b) of paragraph 9 of Part 3 (requirements and prohibitions to be observed by a licensee) of Schedule 2 (licences) a revised sub-paragraph (1)(b) (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).

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17, 19 and 48 were amended by paragraphs 12, 14 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.

(2)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act, and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

(3)

OJ No. L31, 1.2.2002, p.1, as 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/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 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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