The Food Irradiation (Scotland) Amendment Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Food Irradiation (Scotland) Regulations 2009 to give effect to:–

(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 (O.J. No. L 75, 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(1) replacing Commission list of such facilities of 3 September 2004.

These Regulations amend the Food Irradiation (Scotland) Regulations 2009 by—

(a) substituting for “6 months” in regulation 10(1)(a) (offences and penalties) the period of “12 months” so as to bring the penalty of imprisonment on summary conviction into line with section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (regulation 3);

(b) substituting a new paragraph 15(1)(b) in Part 3 (requirements and prohibitions to be observed by a licensee) of Schedule 2 (licences) (regulation 4);

(c) 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 (regulation 5); and

(d) substituting for Schedule 4 (list of facilities in a country outside the European Community) a revised Schedule 4 adding three new facilities to the list of the approved facilities in countries outside the European Union (regulation 6).

No impact assessment has been prepared for this instrument as it has no impact on the costs of business.

(1)

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.