Regulation 5 Restrictions on importation

England and Wales

(1)

No person may import any irradiated food into Wales for the purpose of sale 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 ( )(d) of Part 3 of Schedule ; 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 the 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.

Annotations

Textual amendments

F1: Reg. 5(1)(b) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 8(3)(a)
F2: Word in reg. 5(1)(d) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(3), 8(3)(b)
F3: Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 8-10

Marginal citations

M1: OJ No. L66, 13.3.1999, p.16, as amended by Regulation (EC) No. 1882/2003 (OJ No. L284, 31.10.2003, p.1).