Statutory Instruments of the Scottish Parliament

" "the Directives" means Directive 1999/2 and Directive 1999/3;

(a) the word "irradiated" or the words "treated with ionising radiation" shall be indicated on the documents which accompany or refer to those foods; and

(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) above.

" In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that food, in respect of which the offence is alleged to have been committed, was intended for export to a country which is not a member of the European Community, that the country had legislation analogous to these Regulations and that the food complies with such legislation.".

" (ff) in respect of each description of food specified pursuant to sub paragraph (e) above, particulars demonstrating that his operation will be in conformity with Annex III to Directive 1992/2 and the Joint FAO/WHO Codex Alimentarius Commission Recommended International Code of Practice for the operation of irradiation facilities used for the treatment of foods ("the Code of Practice") (reference FAO/WHO/CAC, vol. XV, edition 1),".

(c) the following sub-paragraph shall be inserted between sub-paragraphs (g) and (h)-

" (gg) details of the person who has been designated to be responsible for compliance with the conditions necessary for application of the practices referred to in sub-paragraph (g) above,".

" (aa) that the irradiation will be performed in conformity with the Code of Practice,";

(b) in sub paragraph (g), after "paragraph 1(f)(iv) above" there shall be inserted "are in conformity with Annex III to Directive 1999/2 and";

(c) in sub paragraph (h) the word "and" at the end shall be omitted;

(d) after sub paragraph (i) there shall be added the following-

     " and

(j) that the irradiation will be of benefit to the consumer,"; and

(e) for "paragraphs (a) to (i) above" there shall be substituted "paragraphs (a) to (j) above".

(a) the term of the licence inserted by virtue of paragraph 4 of Part II above, but only if the licence will, if so varied, apply to the same one of the seven permitted descriptions of food that it did prior to the variation; and in deciding whether or not to agree to vary that term the licensing authority shall consider whether it is satisfied that the conditions of the licence inserted by virtue of paragraph 5 or 6 of Part II above are appropriate to the new description of food, or should be varied, and whether any new conditions should be inserted;

(b) any condition of a licence inserted by virtue of paragraph 5 or 6 of Part II above.".

(a) the amount of the application consideration charge is £5,000 plus-


(i) if more than one description of food is specified by virtue of paragraph 1(e) of Part I above, a sum (fixed at the discretion of the licensing authority) no greater than £1,500 × A where A is one less than the number of descriptions of food so specified; and

(ii) if the application (however many descriptions of food the application relates to) falls within paragraph 3(3) of Part I above, 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;

(c) the amount of the variation agreement charge is-



(i) in the case of a variation pursuant to paragraph 1(1)(a) of Part III above whereby the licence, if varied, will apply to a description of food not specified in the term of the licence inserted by virtue of paragraph 4 of Part II above which specifies each description of food to which the licence applies, a sum (fixed at the discretion of the licensing authority) no greater than £1,500 × (B - C) where B is the number of descriptions of food to which the licence, if varied, will apply and C is the number of descriptions of food specified in the term; and

(ii) £500 in any other cases.";

(b) in paragraph (b) of paragraph 3-

(i) for the words "other than a pure continuation licence, £1,800" in sub paragraph (i) there shall be substituted ", £1,500"; and

(ii) for "£2,700" in sub-paragraph (ii) there shall be substituted "£2,250".

(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).

(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.

" "Directive 99/2" means European Parliament and Council Directive 99/2/EC on the approximation of the laws of the member States concerning foods and food ingredients treated with ionising radiation;"; and

" (b) the compound ingredient constitutes less than 25 per cent of the finished product, except that-


(i) subject to regulation 17, any additive which is an ingredient of such a compound ingredient shall be named in the list of ingredients in accordance with paragraph (2) of this regulation; and

(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.".

(a) by virtue of paragraph (1) or (3) of this regulation is exempted from the requirement to be marked or labelled with a list of ingredients;

(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 the word "irradiated" or the words "treated with ionising radiation".".

(a) the word "irradiated" or the words "treated with ionising radiation" shall in all cases appear on the commercial documents relating to such food; and

(b) sub paragraph (c) of paragraph (5) of this regulation 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) of this regulation shall not apply in relation to food which is prepared for patients requiring sterile diets under medical supervision.".

(i) the application of paragraphs (2) to (4) of that regulation (which permit the use of alternative labelling in the case of certain food which has been or contains an ingredient which has been irradiated) is restricted to food which is prepared for patients requiring sterile diets under medical supervision, and

(ii) in the case of the sale of food to which regulation 23 or 27 of S.I. 1996/1499 applies which has been irradiated (other than food which is prepared for patients requiring sterile diets under medical supervision)-


(aa) the commercial documents relating to the food must in all cases indicate that it has been irradiated, and

(bb) certain particulars are no longer required to appear on those documents (regulation 23); and

(h) the defence in relation to exports (regulation 47) is updated to include a reference to Directive 1999/2/EC (regulation 24).