Restrictions on importationE+W+S
5.—(1) No person shall import into England for the purpose of sale any irradiated food unless—
(a)it falls within a permitted category of food;
[F1(b)it has been irradiated in one of the facilities listed in the Table in Schedule 3 or Schedule 4;]
(c)it is properly irradiated food; and
(d)where it was irradiated in [F2a] member State, it is accompanied by documents containing—
(i)either the name and address of the facility which carried out the irradiation, or its official reference number; and
(ii)the information specified in paragraph 9(1)(a) to (d) and (2)(d) of Part 3 of Schedule 2; or
(e)where it was irradiated outside the [F3European Union]—
(i)it is accompanied by documents—
(aa)showing the name and address of the facility in which the food was irradiated; and
(bb)containing the information specified in paragraph 9(1) of Part 3 of Schedule 2;
(ii)in the case of food other than dried aromatic herbs, spices or vegetable seasonings—
(aa)it was irradiated by a person approved, under a reference by which the approval can be identified, by a competent authority in the country in which it was irradiated;
(bb)the approval requires the method of measurement specified in Schedule 1 relating to food to which the approval relates; and
(cc)the operation of the legislation in force in that country relating to the irradiation of food protects human health to an extent not less than human health is protected by the operation of these Regulations; and
(iii)it complies with the conditions which apply to the food.
(2) This regulation applies to food which has (as well as food which has not) become an ingredient of other food.
(3) In paragraph (1)(e)(iii) the expression “the conditions which apply to the food” is to be construed in accordance with the expression “the conditions which apply to those foodstuffs” in Article 9(1) of 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 M1.
Textual Amendments
F1Reg. 5(1)(b) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 5(3)(a)
F2Word in reg. 5(1)(d) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 5(3)(b)
F3Words in reg. 5(1)(e) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
Marginal Citations
M1OJ No. L66, 13.3.1999, p.16, as amended by Regulation (EC) No. 1882/2003 (OJ No. L284, 31.10.2003, p.1).