Statutory Rule 2000 No. 303

      Food Irradiation Provisions Regulations (Northern Ireland) 2000


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STATUTORY RULES OF NORTHERN IRELAND


2000 No. 303

FOOD

Food Irradiation Provisions Regulations (Northern Ireland) 2000

  Made 18th October 2000 
  Coming into operation 27th November 2000 

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 - 

    (a) for the purpose of securing that food complies with food safety requirements and in the interests of the public health; and

    (b) for the purpose of protecting or promoting the interests of consumers,

to make the following Regulations;

     Now, therefore, that Department in exercise of the powers conferred by Articles 15(1) to (3), 16(1), 17(1), 18(1)(b), 25(3), 44 and 47(2) of, and paragraphs 1 and 4(b) of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991 and of every power enabling it in that behalf after consultation in accordance with Article 47(3) of the said Order of 1991 with such organisations as appear to it to be representative of interests likely to be substantially affected by the Regulations and having regard, in accordance with Article 47(3A) of the said Order of 1991 to any relevant advice given by the Food Standards Agency, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Food Irradiation Provisions Regulations (Northern Ireland) 2000 and shall come into operation on 27th November 2000.

Amendments to the Food (Control of Irradiation) Regulations (Northern Ireland) 1992
    
2. The Food (Control of Irradiation) Regulations (Northern Ireland) 1992[3] shall be amended in accordance with regulations 3 to 12.

     3. In paragraph (1) of regulation 2 (interpretation) - 

    (b) in the definition of "ionising radiation", for "0.5 Gy" in paragraph (a)(iii) there shall be substituted "0.01 Gy in the case of inspection devices which utilise neutrons and 0.5 Gy otherwise" and for "and 5 MeV otherwise" there shall be substituted ", 14 MeV in the case of neutrons and 5 MeV otherwise".

     4. After regulation 6 (restriction on sale) there shall be inserted the following regulation - 

     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 - 

     7. In Schedule 1, in Part I, in paragraph 3 - 

     8. In Schedule 1, in Part II (conditions of irradiation licences) - 

     9. In Schedule 1, in Part III (alteration of conditions of irradiation licence), for paragraph 1(1) there shall be substituted the following - 

     10. In Schedule 1, in Part IV (cancellation, suspension and extension of irradiation licence) - 

     11. In Schedule 1, in Part VI (charges) - 

     12. For Schedule 2 (importation of food) there shall be substituted the following - 



Amendments to the Food Labelling Regulations (Northern Ireland) 1996
    
13. The Food Labelling Regulations (Northern Ireland) 1996[8] shall be amended in accordance with regulations 14 to 19.

     14. In paragraph (1) of regulation 2 (interpretation) - 

     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".

    
16. For paragraph (4)(b) of regulation 15 (compound ingredients) there shall be substituted - 

     17. The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 26 (small packages and certain indelibly marked bottles) - 

     18. In regulation 35 (general requirement) - 

     19. In regulation 36 (food to which regulation 23 or 27 applies) - 

     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".



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


18th October 2000.

L.S.


Don Hill
Senior officer of the Department of Health, Social Services and Public Safety


EXPLANATORY NOTE

(This note is not part of the Regulations.)


    
1. These Regulations give effect to the provisions of - 

    (a) Directive 1999/2/EC of the European Parliament and of the Council on the approximation of the laws of the member States concerning foods and food ingredients treated with ionising radiation (O.J. No. L66, 13.3.99, p. 16); and

    (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 - 

     3. The substantive amendments to the Food (Control of Irradiation) Regulations (Northern Ireland) 1992 are as follows - 

     5. These Regulations also make some consequential amendments to the Food (Control of Irradiation) Regulations (Northern Ireland) 1992.

    
6. The amendments to the Food Labelling Regulations (Northern Ireland) 1996 are - 


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



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