Food Irradiation Provisions Regulations (Northern Ireland) 2000 © Crown Copyright 2000 Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Food Irradiation Provisions Regulations (Northern Ireland) 2000, ISBN 0 33 793788 5. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Whereas in accordance with Article 18(2) of the Food Safety (Northern Ireland) Order 1991[1] it appears to the Department of Health, Social Services and Public Safety[2] that it is necessary or expedient -
(b) for the purpose of protecting or promoting the interests of consumers,
to make the following Regulations;
4.
After regulation 6 (restriction on sale) there shall be inserted the following regulation -
6A. - (1)
(b) either the identity and address of the facility which carried out the irradiation, or the official reference number, shall be indicated on the documents referred to in sub-paragraph (a).
(2) In this regulation "ultimate consumer" and "catering establishment" have the meaning given in regulation 2(1) of the Food Labelling Regulations (Northern Ireland) 1996[6]; and "the official reference number" is that referred to in Article 7.1 of Directive 1999/2.".
5.
For regulation 8 (defence in relation to exports) there shall be substituted -
6.
In Schedule 1 (irradiation licences), in Part I (issue of irradiation licences), in paragraph 1 -
(b) the following sub-paragraph shall be inserted between sub-paragraphs (f) and (g) -
(c) the following sub-paragraph shall be inserted between sub-paragraphs (g) and (h) -
7.
In Schedule 1, in Part I, in paragraph 3 -
(b) in sub-paragraph (1)(g), after "paragraph 1(f)(iv)" there shall be inserted "are in conformity with Annex III to Directive 1999/2 and";
(e) in paragraph 4, for "sub-paragraphs (1)(a) to (i)" there shall be substituted "sub-paragraphs (1)(a) to (j)".
8.
In Schedule 1, in Part II (conditions of irradiation licences) -
(b) the contents of paragraph 15 shall be numbered "(1)" and there shall be added the following sub-paragraph -
18. The licence shall, subject to Part III, continue in effect unless withdrawn or suspended in accordance with the provisions of Part IV or surrendered by the applicant to the licensing authority; and existing licenses shall be construed accordingly.".
9.
In Schedule 1, in Part III (alteration of conditions of irradiation licence), for paragraph 1(1) there shall be substituted the following -
(b) any condition of a licence inserted by virtue of paragraph 5 or 6 of Part II.".
10.
In Schedule 1, in Part IV (cancellation, suspension and extension of irradiation licence) -
(ii) paragraphs 4 and 5 shall be revoked.
11.
In Schedule 1, in Part VI (charges) -
(ii) if the application (however many descriptions of food the application relates to) falls within paragraph 3(3) of Part I, a sum (fixed at the discretion of the licensing authority) no greater than the sum which would otherwise have been payable in respect of the original application;
(b) the amount of the inspection charge is £750 for each inspection carried out in respect of which an inspection charge is payable;
(ii) £500 in any other case.";
(b) in paragraph 2 -
(ii) for "£2,700" in sub-paragraph (b) there shall be substituted "£2,250".
12.
For Schedule 2 (importation of food) there shall be substituted the following - 1. This Part applies to the importation of food irradiated in other member States. 2. For the purposes of regulation 4 -
(b) "appropriate documentation" means documentation containing the information referred to in regulation 6A(1)(b).
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 -
(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 -
(b) 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 (c) 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.
(4) If the Agency ceases to be satisfied of the matters specified in paragraphs (a), (b) and (c) of paragraph (3) in respect of an origin in a country it may publish in the London 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. (5) 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 -
(b) 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.".
Amendments to the Food Labelling Regulations (Northern Ireland) 1996
15.
In paragraph (1)(iv) of regulation 3 (exemptions), for "and Directive 94/54" there shall be substituted ", Directive 94/54 and Directive 1999/2".
(ii) where an ingredient of such a compound ingredient has been irradiated the name of that ingredient and the words required by paragraph 2 of Schedule 2 shall be given, except in the case of food which is prepared for patients requiring sterile diets under medical supervision.".
17.
The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 26 (small packages and certain indelibly marked bottles) -
(b) contains any ingredient which has been irradiated; and (c) is not prepared for patients requiring sterile diets under medical supervision,
shall be marked or labelled with an indication that it contains that ingredient, and in such a case the reference within that indication to that ingredient shall include or be accompanied by "irradiated" or "treated with ionising radiation".".
18.
In regulation 35 (general requirement) -
(b) in the full-out words to paragraph (1), after "may" there shall be inserted "(except as provided in paragraph (2))"; and (c) there shall be inserted after paragraph (1) the following paragraph -
19.
In regulation 36 (food to which regulation 23 or 27 applies) -
(c) there shall be inserted at the end the following paragraphs -
(b) paragraph (c) of paragraph (5) shall not apply as regards the particulars specified in regulations 14(2), 25(1) and 27(3) and (4) and paragraph 2 of Schedule 2.
(7) Paragraph (6) shall not apply in relation to food which is prepared for patients requiring sterile diets under medical supervision.".
20.
In paragraph (b) of regulation 47 (defence in relation to exports), for "and Directive 94/54" there shall be substituted ", Directive 94/54 and Directive 1999/2".
(This note is not part of the Regulations.) 1. These Regulations give effect to the provisions of -
(b) Directive 1999/3/EC of the European Parliament and of the Council on the establishment of a Community list of foods and food ingredients treated with ionising radiation (O.J. No. L66, 13.3.99, p. 24).
2.
These Regulations give effect to the above provisions by amending the following Regulations -
(b) the Food Labelling Regulations (Northern Ireland) 1996 (S.R. 1996 No. 383), as amended.
3.
The substantive amendments to the Food (Control of Irradiation) Regulations (Northern Ireland) 1992 are as follows -
(b) the definition of "ionising radiation" in regulation 2(1) is amended (regulation 3(b)); (c) a new regulation, 6A, requiring the labelling of non-consumer foods which are subject to ionising radiation, is inserted (regulation 4); (d) the text of regulation 8 (defence in relation to exports) is revised (regulation 5). The defence now only operates in relation to food intended for export to a country which is not a member of the European Community; (e) the particulars specified in paragraph 1 of Part I of Schedule 1 (particulars to be sent to the licensing authority by a person applying for an irradiation licence) are amended (regulation 6); (f) the matters set out in paragraph 3 of Part I of Schedule 1 (matters the licensing authority has to take into account in deciding whether to issue or to refuse to issue an irradiation licence) are revised (regulation 7); (g) the terms and conditions set out in Part II of Schedule 1 (conditions of irradiation licences) are varied (regulation 8); (h) the licensing authority and the applicant are given the power to agree a variation of the term of an irradiation licence inserted by virtue of paragraph 4 of Part II of Schedule 1 (regulation 9); (i) the power to extend an irradiation licence currently found in Part IV of Schedule 1 is revoked (regulation 10); (j) a revised paragraph 1 of Part VI of Schedule 1 (which specifies the amount of each charge referred to in that Schedule) is substituted for the existing paragraph so numbered, which also specifies the amount of each charge referred to in Schedule 1 (regulation 11(a)); (k) sub-paragraphs (a) and (b) of paragraph 2 of Part VI of Schedule 1 are amended to vary the maximum sums which fall to be paid in any one year in respect of the inspections referred to in regulation 9(3) (regulation 11(b)); and (l) a revised Schedule 2 (relating to the import of food) is substituted for the existing Schedule so numbered (which also deals with the import of food) (regulation 12).
5.
These Regulations also make some consequential amendments to the Food (Control of Irradiation) Regulations (Northern Ireland) 1992.
(b) the definition of "ionising radiation" in regulation 2(1) is amended (regulation 14(b)); (c) the exemption in regulation 3(1) for food brought into Northern Ireland in certain circumstances from another member State or an EEA state is adjusted so as to require such food to comply (where applicable) with Directive 1999/2/EC (regulation 15); (d) a revised paragraph (b) of regulation 15(4) (providing an exception to the requirement that the names of the ingredients of a compound ingredient used in the preparation of a food have to be given in the list of ingredients of the food) is substituted for the existing paragraph (b) of regulation 15(4) (regulation 16); (e) regulation 26 (small packages and certain indelibly marked bottles) is amended to require certain food which, although exempted from the requirement to be marked or labelled with a list of ingredients, nevertheless contains an ingredient which has been irradiated, to be marked and labelled accordingly (regulation 17); (f) regulation 35 (which imposes a general requirement as to the manner of marking or labelling of certain food) is so amended that the alternative to that requirement contained at the end of that regulation is modified in the case of a specified category of that food which has been irradiated (regulation 18); (g) regulation 36 (which imposes a requirement as to the manner of marking or labelling of certain other food) is so amended that -
(ii) in the case of the sale of food to which regulation 23 or 27 applies which has been irradiated (other than food which is prepared for patients requiring sterile diets under medical supervision) -
(bb) certain particulars are no longer required to appear on those documents (regulation 19); and
(h) the defence in relation to exports (regulation 47) is updated to include a reference to Directive 1999/2/EC (regulation 20).
Notes: [1] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back [2] Formerly the Department of Health and Social Services; see S.I. 1999/283 Article 3back [3] S.R. 1992 No. 172 as amended by S.R. 2000 No. 78back [4] O.J. No. L66, 13.3.1999, p. 16back [5] O.J. No. L66, 13.3.1999, p. 24back [6] S.R. 1996 No. 383; relevant amending Regulations are S.R. 1998 No. 253, S.R. 1999 Nos. 143 and 286 and S.R. 2000 No. 189back [7] Paragraph 4 requires the irradiation licence to specify each description of food to which it appliesback [8] S.R. 1996 No. 383: relevant amending instrument is S.R. 1998 No. 253back
ISBN 0 33 793788 5
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