European Communities (Foodstuffs Treated With Ionising Radiation) Regulations, 2000.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Foodstuffs Treated with Ionising Radiation) Regulations, 2000.
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paragraphs: (1) In these Regulations -
“the Act of 1991” means the Radiological Protection Act, 1991 (No. 9 of 1991);
“the Act of 1998” means the Food Safety Authority of Ireland Act, 1998 (No. 29 of 1998);
“approved irradiation facility” means an irradiation facility in respect of which a permit is in force;
“authorised officer” means -
(a) an authorised officer appointed under section 49 of the Act of 1998,
(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
(c) a member of the Garda SÃ­ochÃ¡na;
“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);
“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;
“designated laboratory” has the meaning assigned to it by Regulation 17(1);
“the Directives” means the framework Directive and the implementing Directive;
“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;
“food irradiation licence” has the meaning assigned to it by Regulation 11;
“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the performance of duties;
“health board” means -
(a) a board established under section 4 of the Health Act, 1970 (No. 1 of 1970), or
(b) the Eastern Regional Health Authority established under section 7 of the Health (Eastern Regional Health Authority) Act, 1999 (No. 13 of 1999);
“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;
“inspector” means an inspector appointed under section 28 of the Act of 1991;
“Institute” means the Radiological Protection Institute of Ireland;
“permit” has the meaning assigned to it by Regulation 12;
“place on the market” means—
(a) import,
(b) sell,
(c) offer or expose for sale,
(d) invite the making by a person of an offer to purchase,
(e) distribute free of charge, or
(f) in the case of a person who treats a foodstuff with ionising radiation, supply for any of those purposes,
and cognate words shall be construed accordingly;
(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;
(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;
(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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paragraphs: These Regulations apply to foodstuffs to which the framework Directive applies.
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paragraphs: (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:
(2) Foodstuffs shall, when being treated with ionising radiation, be in a suitably wholesome state.
(3) A person who contravenes this Regulation shall be guilty of an offence.
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paragraphs: (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.
(2) A person who treats a foodstuff, other than one specified in the implementing Directive, with ionising radiation shall be guilty of an offence.
(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.
(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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paragraphs: 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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paragraphs: 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—
(a) Article 8 of the framework Directive, or
(b) the rules for the application of that Article adopted in accordance with Article 12 of that Directive.
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paragraphs: 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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paragraphs: 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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paragraphs: (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.
(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).
(3) A person who contravenes this Regulation shall be guilty of an offence.
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paragraphs: (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.
(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”).
(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.
(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—
(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,
(b) in relation to that facility, there is compliance with—
(i) the provisions of the Codex Alimentarius, and