The Food Irradiation Provisions (Scotland) Regulations 2000

Amendments to the Food (Control of Irradiation) Regulations 1990

15.  For Schedule 2 (importation of food) ther e shall be substituted the following–

Regulation 4

“SCHEDULE 2 IMPORTATION OF FOOD

PART I IMPORTATION FROM OTHER MEMBER STATES

1.   This Part applies to the importation of food irradiated in other member States.

2.   For the purposes of regulation 4–

(a) “recognised appropriate origin” means origin in a plant, authorised by the competent authority of that member State, which is listed in the Official Journal of the European Communities pursuant to Article 7.4 of Directive 1999/2; and

(b) “appropriate documentation” means documentation containing the information referred to in regulation 6A(1)(b).

PART II IMPORTATION FROM THIRD COUNTRIES

1.   This Part applies to the importation of food irradiated in a country (or territory) outside the European Community.

2.   In the case of herbs and spices, for the purposes of regulation 4–

(a) “recognised appropriate origin” means origin in a plant approved pursuant to Article 9 of Directive 1999/2, and listed in the Official Journal of the European Communities pursuant to that Article; and

(b) “the appropriate documentation” means the documents referred to in the second indent of paragraph 1 of the said Article 9.

3.   In the case of food other than herbs and spices–

(a) recognition of appropriate origin shall be effected by publication by the Agency of a notice in the Edinburgh Gazette declaring that an origin is an appropriate origin for the purposes of these Regulations.

(b) “Origin” means, in relation to a country or territory specified in the notice, origin in that country or territory.

(c) recognition of appropriate origin may not be effected by the Agency in respect of any country unless it is satisfied–

(i) that in that country food which is subjected to treatment by ionising radiation may only be so subjected if the person who subjects it has a current irradiation licence granted, under a reference by which that licence can be identified, by a competent authority in that country;

(ii) that any irradiation licence granted in that country includes provision for an approved method of measurement relating to food to which the licence relates; and

(iii) that the operation of the legislation in force in that country relating to the subjection there of food to treatment by ionising radiation protects human health to an extent not less than human health is protected by operation of these Regulations.

(d) if the Agency ceases to be satisfied of the matters specified in sub paragraphs (i), (ii) and (iii) of paragraph (c) above in respect of an origin in a country it may publish in the Edinburgh Gazette notice that, as from a date specified in the notice, that origin shall no longer be an appropriate origin for the purposes of these Regulations and, if such a notice is published, the recognition of appropriate origin shall cease to have effect on that date.

(e) appropriate documentation for food to which this paragraph applies for the purposes of these Regulations is a statement to the effect that the food has been subjected to treatment by ionising radiation together with–

(i) a copy of all the particulars a copy of which, by virtue of paragraphs (a) to (d) of paragraph 15(1) of Part II of Schedule 1 above, would be required to accompany any food had it been consigned by the holder of an irradiation licence to any other person after subjection by him to treatment by ionising radiation; and

(ii) confirmation from the holder of the irradiation licence in the country in which the food was subjected to treatment by ionising radiation that an irradiation licence was in effect in relation to the food at the time at which that treatment took place.”.