EXPLANATORY NOTE

(This note is not part of the Regulations)

1

These Regulations restrict the treatment of food with ionising radiation (irradiation) and the importation, storage and transport for the purpose of sale, and sale, of irradiated food.

2

The Regulations revoke and re-enact the rules specified in paragraph 4(k) of this Explanatory Note with modifications which give complete effect to the provisions specified in paragraph 3.

3

The 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 (OJ No.L66, 13.3.99, p.16);

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 (OJ No. L66, 13.3.99, p.24);

c

Commission Decision 2002/840/EC adopting the list of approved facilities in third countries for the irradiation of foods (OJ No. L287, 25.10.2002, p.40);

d

Commission List of 3 September 2004 of approved facilities for the treatment of foods and food ingredients with ionising radiation in the Member States10;

e

Commission Decision 2004/691/EC amending Decision 2002/840/EC adopting the list of approved facilities in third countries for the irradiation of food (OJ No. L314, 13.10.2004, p.14); and

f

Commission Decision 2007/802/EC amending Decision 2002/840 as regards the list of approved facilities in third countries for the irradiation of foods (OJ No. L323, 8.12.87, p.40).

4

As well as making minor and drafting changes, the Regulations—

a

define “properly irradiated food” (regulation 3(2) and Schedule 1);

b

prohibit the irradiation of food unless it is wholesome and is irradiated in accordance with the Regulations and with a licence (regulation 4(1);

c

provide for the issue and contents of licences, the requirements to be observed by a licensee, and the variation, cancellation or suspension of licences (regulation 4(2) and Schedule 2);

d

restrict the importation of irradiated food (regulation 5);

e

restrict its storage or transport (regulation 6);

f

restrict its sale (regulation 7);

g

require the documents which accompany irradiated food to contain certain information (regulation 8);

h

provide for their enforcement (regulation 9);

i

create offences and prescribe penalties (regulation 10);

j

apply various provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 11); and

k

revoke the Food (Control of Irradiation) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 172) and regulations 2 to 12 of the Food Irradiation Provisions Regulations (Northern Ireland) 2000 (S.R. 2000 No. 303).