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

There has been consultation as required by Article9 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[^f00003].

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[^f00004] 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.

SCHEDULE 1 — REPLACEMENT SCHEDULE 3 TO THE FOOD IRRADITION (SCOTLAND) REGULATIONS2009

SCHEDULE 2 — REPLACEMENT SCHEDULE 4 TO THE FOOD IRRADIATION (SCOTLAND) REGULATIONS2009

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 15th September 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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. 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[^f00005] 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 (regulation5); and

• (d) substituting for Schedule 4 (list of facilities in a country outside the European Community) a revised Schedule4 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.

Footnotes

[^f00001]: 1990 c.16. Section1(1) and (2) (definition of “food”) was substituted by S.I.2004/2990; sections16(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”); section17(1) was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act; section26(3) was amended by Schedule 6 to the 1999 Act and is read with section45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp6); section48(4) is disapplied in respect of these Regulations by virtue of section48(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 section53 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 Ministersetc.) Order 2005 (S.I.2005/849).

[^f00002]: Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

[^f00003]: O.J. No.L31, 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 – PartFour (O.J. No. L188, 18.7.2009, p.14).

[^f00004]: S.S.I. 2009/261.

[^f00005]: 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.