Citation and commencement

1. These Regulations may be cited as the Food Irradiation (Scotland) Amendment Regulations 2010 and come into force on 20th October 2010.

Amendment of the Food Irradiation (Scotland) Regulations 2009

2. The Food Irradiation (Scotland) Regulations 2009(4) are amended in accordance with regulations 3 to 6.

3. In regulation 10(1)(a) (offences and penalties) for -�6 months-� substitute -�12 months-�.

4. In Schedule 2 (licences) for paragraph 15(1)(b) (requirements and prohibitions to be observed by a licensee) substitute-�

-�(b)its batch number;-�.

5. For Schedule 3 (list of approved facilities in member States) substitute the Schedule set out in Schedule 1 to these Regulations.

6. For Schedule 4 (list of facilities in a country outside the European Community) substitute the Schedule set out in Schedule 2 to these Regulations.

Application of regulation 3

7. The amendment made by regulation 3 does not apply in relation to proceedings commenced prior to 20th October 2010.

Regulation 5

SCHEDULE 1REPLACEMENT SCHEDULE 3 TO THE FOOD IRRADITION (SCOTLAND) REGULATIONS 2009

Regulations 3(1) and 5(1)(b)(i)

-�SCHEDULE 3LIST OF APPROVED FACILITIES IN MEMBER STATES

Regulation 6

SCHEDULE 2REPLACEMENT SCHEDULE 4 TO THE FOOD IRRADIATION (SCOTLAND) REGULATIONS 2009

Regulation 5(1)(b)(ii)

-�SCHEDULE 4LIST OF FACILITIES IN COUNTRIES OUTSIDE THE EUROPEAN UNION

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(5) 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.