The Food Irradiation (England) (Amendment) Regulations 2010

Made: 19th September 2010

Laid before Parliament: 23rd September 2010

Coming into force: 20th October 2010

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[^f00003] there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement

1

These Regulations may be cited as the Food Irradiation (England) (Amendment) Regulations 2010 and come into force on 20th October 2010.

Amendment of the Food Irradiation (England) Regulations 2009

2

The Food Irradiation (England) Regulations 2009[^f00004] are amended in accordance with regulations 3 to 5.

3

In Schedule 2 (licences) for sub-paragraph (1)(b) of paragraph 9 of Part 3 (requirements and prohibitions to be observed by a licensee) there is substituted the following sub-paragraph—

(b) its batch number;

4

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

5

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

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

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

Signed

Signed by authority of the Secretary of State for Health.

Anne Milton — Parliamentary Under-Secretary of State, — Department of Health — 19th September 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

1 These Regulations amend the Food Irradiation (England) Regulations 2009 (S.I. 2009/1584).

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[^f00005] replacing Commission list of such facilities of 3 September 2004.

3 These Regulations amend the Food Irradiation (England) Regulations 2009 by— a 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 3); b 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(regulation4); and c 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 5).

4 A full impact assessment has not been produced for this instrument as no impact on the public or voluntary sectors is foreseen.

Footnotes

[^f00001]: 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 Schedule6 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.

[^f00002]: 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). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c.46) as read with section 40(2) of the 1999 Act.

[^f00003]: 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).

[^f00004]: S.I. 2009/1584.

[^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.