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STATUTORY INSTRUMENTS.
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S.I. No. 297
of 2000.
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EUROPEAN COMMUNITIES (FOODSTUFFS TREATED
WITH IONISING RADIATION) REGULATIONS, 2000.
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S.I. No. 297 of 2000.
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EUROPEAN COMMUNITIES (FOODSTUFFS TREATED
WITH IONISING RADIATION) REGULATIONS, 2000.
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I, MICHEÁL
MARTIN, Minister for Health and Children, in exercise of the powers conferred
on me by section 3 of the European Communities Act, 1972 ( No. 27 of
1972 ), and for the purpose of giving effect to Directive 1999/2/EC1
of the European Parliament and of the
Council of 22 February 1999 on the approximation of the laws of the Member
States concerning foods and food ingredients treated with ionising radiation
and Directive 1999/3/EC2 of
the European Parliament and of the Council of 22 February 1999 on the
establishment of a Community list of foods and food ingredients treated with
ionising radiation, hereby make the following Regulations:
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1. These Regulations may be
cited as the European Communities (Foodstuffs Treated with Ionising
Radiation) Regulations, 2000.
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2. (1) In these Regulations
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“the Act of 1991” means the
Radiological Protection Act, 1991 (No. 9 of 1991) ;
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“the Act of 1998” means the Food
Safety Authority of Ireland Act, 1998 (No. 29 of 1998) ;
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“approved irradiation facility” means an
irradiation facility in respect of which a permit is in force;
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“authorised officer” means -
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(a) an authorised officer appointed under
section 49 of the Act of 1998,
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(b) in relation to the functional area of
a health board, a person or a person belonging to a class of persons,
authorised by the chief executive officer of the health board concerned to
perform the functions of an authorised officer under these Regulations, or
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(c) a member of the Garda
Síochána;
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“the Authority” means the Food Safety
Authority of Ireland established under section
9 of the Food Safety Authority of Ireland Act, 1998 ( No. 29 of
1998 );
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“Codex Alimentarius”
means the Joint FAO/WHO Codex Alimentarius
Commission Recommended Code of Practice for the operation of irradiation used
for the treatment of foods;
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“designated laboratory” has the meaning
assigned to it by Regulation 17(1);
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“the Directives” means the framework Directive
and the implementing Directive;
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“framework Directive” means Directive
1999/2/EC of the European Parliament and of the Council of 22 February 1999
on the approximation of the laws of the Member States concerning foods and
food ingredients treated with ionising radiation;
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“food irradiation licence” has the meaning
assigned to it by Regulation 11;
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“functions” includes powers and duties and
references to the performance of functions include references to the exercise
of powers and the performance of duties;
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“health board” means -
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(a) a board established under section
4 of the Health Act, 1970 ( No. 1 of
1970 ), or
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(b) the Eastern Regional Health Authority
established under section
7 of the Health (Eastern Regional Health Authority) Act, 1999 ( No. 13 of 1999 );
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“implementing Directive” means Directive
1999/3/EC of the European Parliament and of the Council of 22 February 1999
on the establishment of a Community list of foods and food ingredients
treated with ionising radiation;
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“inspector” means an inspector appointed under
section 28 of the Act of 1991;
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“Institute” means the Radiological Protection
Institute of Ireland;
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“permit” has the meaning assigned to it by
Regulation 12;
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“place on the market” means—
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(a) import,
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(b) sell,
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(c) offer or expose for sale,
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(d) invite the making by a person of an
offer to purchase,
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(e) distribute free of charge, or
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(f) in the case of a person who treats a
foodstuff with ionising radiation, supply for any of those purposes,
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and cognate words shall be construed
accordingly;
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(2) A word of expression
that is used in these Regulations and that is also used in the Directives
has, unless the context otherwise requires, the same meaning in these
Regulations as it has in the Directives;
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(3) (a) A reference in these Regulations
to a Regulation is to a Regulation of these Regulations, unless it is
indicated that reference to some other Regulation is intended;
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(b) A reference in these Regulations to a
paragraph or subparagraph is to the paragraph or subparagraph of the
provision in which the reference occurs, unless it is indicated that
reference to some other provision is intended.
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3. These Regulations apply
to foodstuffs to which the framework Directive applies.
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4. (1) A person shall not
irradiate foodstuffs, manufacture, or place on the market foodstuffs treated
with ionising radiation other than in accordance with the provisions of these
Regulations, and the Directives:
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(2) Foodstuffs shall, when
being treated with ionising radiation, be in a suitably wholesome state.
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(3) A person who
contravenes this Regulation shall be guilty of an offence.
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5. (1) A person who
contravenes the provisions of the first sentence of Article 3.2 of the
framework Directive shall be guilty of an offence.
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(2) A person who treats a
foodstuff, other than one specified in the implementing Directive, with
ionising radiation shall be guilty of an offence.
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(3) A person who places on
the market, or has in his or her possession for the purpose of placing on the
market, a foodstuff in respect of which the overall average absorbed
radiation dose exceeds that specified in the implementing Directive shall be
guilty of an offence.
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(4) A person who treats
with ionising radiation a foodstuff that has already been subjected to
chemical treatment for the same purpose as that for which it is treated with
such ionising radiation shall be guilty of an offence.
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6. A person who places on
the market, or has in his or her possession for the purpose of placing on the
market, a foodstuff treated with ionising radiation in respect of which there
has been a contravention of the provisions of Article 6 of the framework
Directive shall be guilty of an offence.
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7. A person to whom a
permit has been granted shall be guilty of an offence if in respect of the
approved food irradiation facility concerned there has been a contravention
of—
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(a) Article 8 of the framework Directive,
or
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(b) the rules for the application of that
Article adopted in accordance with Article 12 of that Directive.
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8. A person who imports a
foodstuff treated with ionising radiation from a third country in
contravention of Article 9 shall be guilty of an offence.
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9. A person who places on
the market, or has in his or her possession for the purpose of placing on the
market, a foodstuff treated with ionisng radiation
that is packaged in contravention of Article 10 of the framework Directive
shall be guilty of an offence.
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10. (1) A person shall not
treat a foodstuff with ionising radiation unless at the time the foodstuff is
so treated there is in force a permit granted to him or her by the Authority
in respect of the irradiation facility at which the treatment concerned takes
place.
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(2) A person shall not
place on the market, or have in his or her possession for the purpose of
placing on the market, a foodstuff in respect of which there has been a
contravention of paragraph (1).
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(3) A person who
contravenes this Regulation shall be guilty of an offence.
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11. (1) Any person who
proposes to carry on the business of irradiating foodstuffs may apply to the
Institute for a licence authorising him or her to carry on that business at
such irradiation facility as is specified in the application concerned.
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(2) An application under
paragraph (1) shall be in such form as may be determined by the Institute,
and shall be accompanied by such fee as may be so determined, being not more
than such amount as is equal to the expense that the Institute is likely to incur
in considering the application concerned including the expense incurred in
the carrying out of inspections (if any) of the irradiation facility
concerned for the purpose of fully considering the application (hereafter in
this Regulation referred to as the “appropriate fee”).
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(3) The Institute may
require an applicant for a food irradiation licence to provide it with such
further information or documentation as may reasonably be necessary to enable
it to perform its functions under this Regulation.
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(4) Upon receipt of an
application under this Regulation and the appropriate fee the Institute
shall, not later than 3 months from the date of its receiving the application
concerned, grant to the applicant a licence authorising, subject to his or her
being granted a permit, the carrying on of the business of irradiating
foodstuffs at such irradiation facility as is specified in the licence (in
these Regulations referred to as a “food irradiation licence”) for such
period as is so specified, being a period of not more than 3 years commencing
on the date of the grant of such licence, where it is satisfied that—
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(a) there is in force in respect of the
irradiation facility to which the application relates a licence granted by
the Institute under the Radiological
Protection Act, 1991 (Ionising Radiation) Order, 2000, to the applicant,
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(b) in relation to that facility, there is
compliance with—
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(i) the provisions of
the Codex Alimentarius, and
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(ii) any supplementary requirements referred to
in the 1st indent of Article 7.2 of the framework Directive, relating to the
matters specified in the Schedule to these Regulations.
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(5) The Institute may, for
the purposes of Article 3 of the framework Directive, attach such conditions
as it considers appropriate to a food irradiation licence.
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(6) Notwithstanding
paragraph (4), the Institute may refuse to grant a food irradiation licence
where—
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(a) the applicant concerned fails or
refuses to comply with a requirement under paragraph (3),
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(b) the applicant concerned has been
convicted of an offence under these Regulations, or
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(c) a food irradiation licence previously
granted to him or her was revoked or stands revoked.
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(7) Where, upon
consideration of an application under paragraph (1), the Institute refuses to
grant a food irradiation licence, or grants a food irradiation licence
subject to conditions, the Institute shall so inform the applicant concerned
by notice in writing.
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(8) The Institute may
revoke a food irradiation licence where—
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(a) in respect of the irradiation facility
concerned there is a failure to comply with the provisions or supplementary
requirements referred to in paragraph (4) (b),
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(b) there is a contravention of a
condition attached to the licence concerned under paragraph (5), or
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(c) the person to whom the food
irradiation licence is granted is convicted of an offence under these
Regulations.
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(9) A food Irradiation
licence shall stand revoked where the licence referred to in paragraph (4) (a)
is revoked or otherwise ceases to be in force.
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(10) Where the Institute
revokes a food irradiation licence under paragraph (8) it shall so inform the
person to whom the food irradiation licence was granted by notice in writing.
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12. (1) A person who
proposes to carry on the business of irradiating foodstuffs may apply to the
Authority for a permit authorising him or her to carry on that business at
such irradiation facility as is specified in the application concerned.
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(2) An application under
paragraph (1) shall be in such form as may be determined by the Authority and
shall be accompanied by such fee as may be so determined, being not more than
such amount as is equal to the expense that the Authority is likely to incur
in considering the application concerned including the expense incurred in
carrying out inspections (if any) of the irradiation facility concerned for
the purpose of fully considering the application (hereafter in this
Regulation referred to as the “appropriate fee”).
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(3) The Authority may
require an applicant for a permit to provide it with such further information
or documentation as may reasonably be necessary to enable it to perform its
functions under this Regulation.
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(4) Upon receipt of an
application under this Regulation and the appropriate fee the Authority
shall, not later than one month from the date of its receiving the
application concerned, grant to the applicant a permit authorising the
carrying on of the business of irradiating foodstuffs at such irradiating
facility as is specified in the permit (in these Regulations referred to as a
“permit”), for such period as is so specified, being a period of not more
than 3 years commencing on the date of the grant of such permit, where it is
satisfied that—
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(a) there is in force in respect of the
irradiation facility to which the application relates a food irradiation
licence granted to the applicant,
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(b) in relation to that facility there is
compliance with the provisions of—
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(i) the European
Communities (Official Control of Foodstuffs) Regulations, 1998 ( S.I. No. 85 of 1998
),
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(ii) the European Communities (Hygiene of
Foodstuffs) Regulations, 2000 ( S.I.
No. 165 of 2000 ),
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(iii) the Codex Alimentarius
(other than those provisions to which Regulation 11(4) (b) (i) relates), and
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(c) any supplementary requirements
referred to in the first indent of Article 7.2 of the framework Directive
(other than those to which Regulation 11(4) (b) (ii) relates).
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(5) The Authority may, for
the purposes of Article 3 of the framework Directive, attach such conditions
as it considers appropriate to a permit.
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(6) Notwithstanding
paragraph (4), the Authority may refuse to grant a permit under this
Regulation where—
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(a) the applicant concerned fails or
refuses to comply with a requirement under paragraph (3),
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(b) the applicant concerned has been
convicted of an offence under these Regulations, or
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(c) a permit previously granted to him or
her was revoked or stands revoked
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(7) Where, upon
consideration of an application under paragraph (1), the Authority refuses to
grant a permit, or grants a permit subject to conditions, the Authority shall
so inform the applicant concerned by notice in writing.
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(8) The Authority may
revoke a permit where—
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(a) in respect of the irradiation facility
concerned there is a failure to comply with the provisions referred to in
paragraph (4) (b) or the supplementary requirements referred to in
paragraph (4) (c),
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(b) there is a contravention of a
condition attached to the permit concerned under paragraph (5), or
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(c) the person to whom the permit is
granted is convicted of an offence under these Regulations.
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(9) A permit shall stand
revoked where the food irradiation licence granted in respect of the
irradiation facility concerned is revoked or otherwise ceases to be in force.
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(10) Where the Authority
revokes a permit under paragraph (8) it shall so inform the person to whom
the permit was granted by notice in writing.
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13. (1) Where the
Institute, upon consideration of an application under Regulation 11(1),
refuses to grant, or grants subject to conditions, a food irradiation
licence, the applicant concerned may—
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(a) not later than 3 weeks after receiving
notice of the refusal or such later date as may be permitted by the court, or
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(b) in the case of a grant of a food
irradiation licence subject to conditions, not later than 3 weeks after
receiving notice of the conditions to which the food irradiation licence is
subject, or such later date as may be so permitted,
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appeal to the court for an order directing the
Institute to—
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(i) grant a food
irradiation licence to the applicant, or
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(ii) remove any one or more of such conditions,
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as may be appropriate.
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(2) Where the Authority,
upon consideration of an application under Regulation 12(1), refuses to
grant, or grants subject to conditions, a permit, the applicant concerned
may—
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(a) not later than 3 weeks after receiving
notice of the refusal, or such later date as may be permitted by the court,
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(b) or in the case of a grant of a permit
subject to conditions, not later than 3 weeks after receiving notice of the
conditions to which the permit is subject, or such later date as may be so
permitted, appeal to the court for an order directing the Authority to—
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(i) grant a permit to
the applicant, or
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(ii) remove any one or more of such conditions,
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as may be appropriate.
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(3) The court may upon the
hearing of an appeal under this Regulation—
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(a) affirm the refusal by the Institute or
Authority, as the case may be,
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(b) in the case of a refusal by the
Institute to grant the applicant a food irradiation licence, direct the
Institute to grant the applicant such a licence, subject to such conditions
(if any) as may be specified by the court,
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(c) in the case of a refusal by the
Authority to grant the applicant a permit, direct the Authority to grant the
applicant a permit, subject to such conditions (if any) as may be specified
by the court, or
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(d) in the case of an appeal against the
attachment of conditions to a food irradiation licence or a permit—
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(i) affirm the decision
of the Institute or Authority, as may be appropriate, to so attach such
conditions, or
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(ii) direct the Institute or Authority, as may be
appropriate, to remove such conditions as the court may specify.
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(4) The Institute or
Authority, as the case may be, shall comply with a direction of the court
under this Regulation.
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(5) In this Regulation “the
court” means the Circuit Court for the circuit in which the irradiation
facility to which the appeal relates is situated.
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14. A person appointed by a
health board to be an authorised officer for the purposes of these Regulations
shall, on his or her appointment, be furnished by the health board, with a
warrant of his or her appointment, and when exercising a power conferred by
these Regulations shall, if requested by any person thereby affected, produce
such warrant to that person for inspection.
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15. (1) An authorised
officer or inspector may, for the purposes of these Regulations and the
Directives—
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(a) at all reasonable times enter, subject
to paragraph (2), any premises at which he or she has reasonable grounds for
believing that—
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(i) foodstuffs are
being, or have been, treated with ionising radiation,
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(ii) any trade, business or activity connected
with the irradiation of foodstuffs, or the production, processing, disposal,
manufacture, placing on the market, storage or labelling of any foodstuff
treated with ionising radiation, is or has been carried on, or
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(iii) records relating to such trade, business or
activity are kept,
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(b) at such premises inspect and take
copies of, any books, records, other documents (including documents stored in
non-legible form) or extracts therefrom which he or
she finds in the course of his or her inspection,
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(c) carry out or have carried out such
examinations, tests, inspections and checks of—
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(i) the premises,
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(ii) any foodstuff, article or substance used in
the treatment of foodstuffs with ionising radiation, or the manufacture,
processing or storage of foodstuffs, at the premises, or
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(iii) any equipment, machinery or plant at the
premises,
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as he or she reasonably considers to be necessary for the purposes of
his or her functions under these Regulations or the Directives,
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(d) require any person at the premises or
the owner or person in charge of the premises and any person employed there
to give to him or her such assistance and information and to produce to him
or her such books, documents or other records (and in the case of documents
or records stored in non-legible form produce to him or her a legible
reproduction thereof) that are in that person's power or procurement, as he
or she may reasonably require for the purposes of his or her functions under
these Regulations or the Directives,
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(e) take samples of foodstuffs found at
the premises for the purposes of analysis and examination,
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(f) direct that such foodstuffs found at
the premises as he or she, upon reasonable grounds, believes contravene a
provision of these Regulations or the Directives not be placed on the market
or moved from the premises without his or her consent,
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(g) secure for later inspection any
premises or part of any premises in which a foodstuff, substance or article
is found, or ordinarily kept, for such period as may reasonably be necessary
for the purposes of these Regulations or the Directives, or
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(h) take possession of and remove from the
premises for examination and analysis foodstuffs found there, and detain them
for such period as he or she considers reasonably necessary for the purposes
of his or her functions under these Regulations or the Directives.
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(2) An authorised officer
or an inspector shall not enter a dwelling, other than—
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(a) with the consent of the occupier, or
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(b) in accordance with a warrant issued
under paragraph (3).
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(3) On the application of
an authorised officer or inspector, a judge of the District Court may, if
satisfied that there are reasonable grounds for believing that—
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(a) a foodstuff is being or has been
treated with ionising radiation in any dwelling, or is being, or has been,
subjected to any process or stored in any dwelling,
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(b) books, records or other documents
(including documents stored in non-legible form) relating to the treatment of
foodstuffs with ionising radiation is or are being stored or kept in any
dwelling, or
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(c) a dwelling is occupied in whole or in
part by an undertaking engaged in the treatment of foodstuffs with ionising
radiation, or the processing or placing on the market of foodstuffs so
treated,
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issue a warrant authorising a named authorised
officer or inspector accompanied by such other authorised officers or
inspectors as may be necessary, at any time or times, within one month of the
date of issue of the warrant, to enter the dwelling and perform the functions
of an authorised officer or inspector under subparagraphs (b), (c),
(d), (e), (f), (g) and (h) of paragraph
(1), and, in the case of an inspector, the functions of an inspector referred
to in paragraph (4).
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(4) An inspector may, for
the purposes of these Regulations and the Directives, perform any or all of
the functions of an inspector under section 29 of the Act of 1991, and the
provisions of the said section 29 shall apply accordingly.
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(5) Any person who
obstructs or interferes with an authorised officer or inspector in the course
of exercising a power conferred on him or her by these Regulations or impedes
the exercise by the officer or inspector, as the case may be, of such power
or fails or refuses to comply with a request made by, or to answer a question
asked by, the officer or inspector pursuant to these Regulations, or in
purported compliance with such request or in answer to such question gives
information to the officer or inspector that he or she knows to be false or
misleading in any material respect, shall be guilty of an offence.
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(6) In this Regulation
“premises” means any place, ship or other vessel, aircraft, railway wagon or
other vehicle, and includes a container used to transport foodstuffs.
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16. (1) Where an authorised
officer takes a sample of a foodstuff pursuant to Regulation 15 he or she
shall divide the sample into 3 approximately equal parts, and place each part
into separate containers which he or she shall forthwith seal and mark in
such a manner as to identify it as part of the sample taken by that
authorised officer.
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(2) Where an authorised
officer has complied with paragraph (1) he or she shall—
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(a) offer one of the sealed containers to
the owner or person for the time being in charge or possession of the
foodstuff from which the sample concerned was taken,
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(b) retain one of the said sealed
containers, and
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(c) forward, or cause to be forwarded, one
of the sealed containers to a designated laboratory for the purposes of
analysis.
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(3) Where a foodstuff is
contained in an impermeable container and its division into parts is (for
whatever reason) not practicable, an authorised officer, who wishes to take
samples of such foodstuff for the purpose of analysis, shall, for that
purpose, take possession of 3 of such containers belonging to the same batch,
and each such container of foodstuff shall for the purposes of paragraph (1)
be deemed to be part of a sample for the purposes of paragraph (1), and the
provision of paragraphs (1) and (2) shall apply thereto accordingly.
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(4) In this Regulation
“impermeable container” means a container so constructed as to prevent the
adulteration, contamination or infection of the foodstuff concerned while it
is in that container.
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17. (1) The Authority may,
for the purposes of these Regulations and the Directives, designate by
instrument in writing, a laboratory as a laboratory at which samples taken
under these Regulations may be analysed (in these Regulations referred to as
a “designated laboratory”), and the persons for the time being engaged in the
analysis of samples at a designated laboratory may perform the functions of a
designated laboratory specified in these Regulations.
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(2) As soon as practicable
after a sample taken by an authorised officer under Regulation 15 has been
received at a designated laboratory it shall be analysed by a person referred
to in paragraph (1).
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(3) In proceedings for an
offence under these Regulations, a certificate purporting to be signed by a
person employed, or engaged in the analysis of samples, at a designated
laboratory stating the capacity in which that person is so employed or
engaged and stating any one or more of the following namely—
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(a) that the person received a sample
submitted to the designated laboratory concerned,
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(b) that, for such period as is specified
in the certificate, the person had in his or her custody the sample so
submitted,
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(c) that the person gave to such other
person as is specified in the certificate the sample so submitted,
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(d) that the person carried out any
procedure for the purpose of detecting the overall average absorbed radiation
dose in the sample so submitted, or
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(e) that the sample concerned was found to
have an overall average absorbed radiation dose of such amount as is
specified in the certificate,
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shall unless the contrary is proved, be
evidence of the matters stated in the certificate.
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(4) In proceedings for an
offence under these Regulations the court may, if it considers that the
interests of justice so require, direct that oral evidence of the matters
stated in a certificate under this Regulation be given, and the court may,
for the purposes of receiving such oral evidence, adjourn the proceedings to
a later date.
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18. (1) Any person who
forges, or utters knowing it to be forged, a food irradiation licence,
permit, certificate or other document purporting to be issued, granted or
given under these Regulations (hereafter in this Regulation referred to as “a
forged document”), shall be guilty of an offence.
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(2) Any person who alters
with intent to defraud or deceive, or who utters knowing it to be so altered,
a food irradiation licence, permit, certificate or other document issued,
granted or given under these Regulations (hereafter in this Regulation referred
to as “an altered document”), shall be guilty of an offence.
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(3) Any person who, without
lawful authority, has in his or her possession a forged document or an
altered document shall be guilty of an offence.
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(4) Any person who, with
intent to defraud or deceive—
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(a) tampers with anything so as to procure
that any sample taken pursuant to these Regulations does not correctly
represent the substance sampled, or
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(b) tampers or interferes with any sample
taken under these Regulations,
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shall be guilty of an offence.
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19. (1) A notice or other
document under these Regulations shall, subject to paragraph (2), be
addressed to the person concerned by name, and may be served on or given to
the person in one of the following ways:
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(a) by delivering it to the person,
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(b) by leaving it at the address at which
the person ordinarily resides or, in a case in which an address for service
has been furnished, at that address,
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(c) by sending it by post in a prepaid
registered letter to the address at which the person ordinarily resides or,
in a case in which an address for service has been furnished, to that
address,
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(d) where the address at which the person
ordinarily resides cannot be ascertained by reasonable inquiry and the
notice, direction or other document relates to land, by delivering it to some
person over 16 years of age resident or employed on the land or by affixing
it in a conspicuous position on or near the land.
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(2) It shall not be lawful
for a person at any time during the period of 12 months after a direction or
other document is affixed under paragraph (d) of paragraph (1) to
remove, damage or deface the notice, direction or other document without
lawful authority.
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(3) For the purposes of
this Regulation, a company within the meaning of the Companies Acts, 1963 to
1999, shall be deemed to be ordinarily resident at its registered office, and
every other body corporate and every unincorporated body shall be deemed to
be ordinarily resident at its principal office or place of business.
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20. (1) A person guilty of
an offence under these Regulations shall be liable on summary conviction to a
fine not exceeding £1,500 or imprisonment for a term not exceeding 6 months
or to both.
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(2) A person guilty of an
offence under section 29 of the Act of 1991 by virtue of Regulation 15(4)
shall be liable on summary conviction to a fine not exceeding £1,500 or a
term of imprisonment not exceeding 6 months, or to both, and accordingly the
provisions of section 40(2) of that Act shall not apply.
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(3) Where an offence under
these Regulations is committed by a body corporate and is proved to have been
so committed with the consent or connivance of or to be attributable to any
neglect on the part of any person being a director, manager, secretary or
other officer of the body corporate, or a person who was purporting to act in
any such capacity, that person shall be guilty of an offence and shall be
liable to be proceeded against and punished as if he or she were guilty of
the first-mentioned offence.
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(4) Summary proceedings for
an offence under these Regulations may be brought and prosecuted by the
Institute, the Authority or, in the case of an offence committed, or alleged
to have been committed, within the functional area of a health board, the
health board concerned.
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21. These Regulations
shall, for the purposes of the Act of 1998, be deemed to be food legislation.
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SCHEDULE
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Matters to which Regulation 11(4)(b)
relates
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(a) the particular foodstuffs to be
irradiated;
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(b) the beam power of the machinery or
apparatus intended to be used to irradiate the foodstuffs concerned;
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(c) the setting of the machine parameters
on the machine or apparatus intended to be used to irradiate the foodstuffs
concerned;
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(d) the likely distribution of the dose of
ionising radiation;
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(e) the dosimetry
measurement system;
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(f) the testing and commissioning
requirements in relation to the administration to foodstuffs of ionising
radiation;
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(g) maintenance of records relating to the
matters specified in paragraphs (a), (b), (c), (d),
(e) and (f).
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GIVEN under my Official Seal, this 20th day of
September, 2000.
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MICHEÁL MARTIN,
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Minister for Health and Children.
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EXPLANATORY NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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These Regulations give
effect to Directive 1999/2/EC (the framework Directive) of the European
Parliament and of the Council of 22 February 1999 on the approximation of the
laws of the Member States concerning foods and food ingredients treated with
ionising radiation and Directive 1999/3/EC (the implementing Directive) of
the European Parliament and of the Council of 22 February 1999 on the
establishment of a Community list of foods and food ingredients treated with
ionising radiation.
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The effect of these
Regulations is to lay down the general provisions for the treatment of
foodstuffs with ionising radiation. Provisions concerning the approval and
control of irradiation facilities and rules on labelling are also included.
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A positive list of
foodstuffs authorised for treatment with ionising radiation and their maximum
radiation doses are defined in the implementing Directive.
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These Regulations should be
read together with the two Directives.
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1 O.J.
No. L66, 13.03.99, p. 16
2 O.J.
No. L66, 13.03.99, p. 24
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