2001 No. 1232 (W.66)
The Food Irradiation Provisions (Wales) Regulations 2001
Made
Coming into force
The National Assembly for Wales in exercise of the powers conferred on it by sections 16(1) and (3), 17(1), 18(1), 19(1)(b), 26, 45 and 48(1) of and paragraphs 1 and 4(b) of Schedule 1 to the Food Safety Act 1990F1, having had regard in accordance with section 48A of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act makes the following Regulations:
Title, application and commencement1
These Regulations may be cited as the Food Irradiation Provisions (Wales) Regulations 2001; they apply to Wales only and shall come into force on 1 May 2001
Amendments to the Food (Control of Irradiation) Regulations 1990F32
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F36
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F310
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F313
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F315
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F316
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Amendments to the Food Labelling Regulations 199617
The Food Labelling Regulations 1996 shall be amended insofar as they apply to Wales in accordance with regulations 18 to 24 below.
18
In paragraph (1) of regulation 2 (interpretation)—
a
after the definition of “Directive 94/54” there shall be inserted the following definition—
“Directive 99/2” means European Parliament and Council Directive 1999/2/EC on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation;
and
b
in the definition of “ionising radiation”, for the words “0.5 Gy” in sub-paragraph (c) there shall be substituted the words
“
0.01 Gy in the case of inspection devices which utilise neutrons and 0.5 Gy otherwise
”
, and for the words “and 5 MeV otherwise” there shall be substituted the words “
, 14 MeV in the case of neutrons and 5 MeV otherwise
”
.
19
In paragraph (1)(iv) of regulation 3 (exemptions), for the words “and Directive 94/54” there shall be substituted the words
“
,Directive 94/54 and Directive 99/2
”
.
20
For paragraph (4)(b) of regulation 15 (compound ingredients) there shall be substituted—
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.
21
The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 26 (small packages and certain indelibly marked bottles)—
4A
Any food which—
a
by virtue of paragraph (1) or (3) of this regulation alone 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”.
22
In regulation 35 (general requirement as to the manner of marking or labelling of food other than food to which regulation 23, 27 or 31 applies)—
a
the existing text shall be numbered “(1)”;
b
in the full-out words to paragraph (1), after the word “may” there shall be inserted the words “
(except as provided in paragraph (2) of this regulation)
”
; and
c
there shall be inserted after paragraph (1) the following paragraph—
2
In the case of food to which paragraph (1) of this regulation applies which has been irradiated, other than food which is prepared for patients requiring sterile diets under medical supervision, the alternative provided in the full-out words to that paragraph shall not apply as regards the particulars specified in regulations 14(2) and 26(4A) and paragraph 2 of Schedule 2, and the word “irradiated” or the words “treated with ionising radiation” shall in all cases appear on the commercial documents relating to such food.
23
In regulation 36 (manner of marking or labelling of food to which regulation 23 or 27 applies)—
a
immediately after paragraph (1) there shall be inserted the following paragraph—
1A
Paragraphs (2) to (4) of this regulation shall apply only to food which is prepared for patients requiring sterile diets under medical supervision.
b
in paragraph (5), in sub-paragraph (c) there shall be inserted at the beginning the phrase “
(except as provided in paragraph (6) of this regulation)
”
; and
c
there shall be added at the end the following paragraphs—
6
Notwithstanding the foregoing paragraphs of this regulation (but subject to paragraph (7) of the same), in the case of the sale of any food to which regulation 23 or 27 applies which has been irradiated—
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.
24
In sub-paragraph (b) of regulation 47 (defence in relation to exports), for the words “and Directive 94/54” there shall be
inserted the words “
,Directive 94/54 and Directive 99/2
”
.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F2
1990 c.16