Subordinate Legislation Committee, 19 Sep 2000

Meeting date: Tuesday, September 19, 2000

Official Report 132KB pdf

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Food Irradiation Provisions (Scotland) Regulations 2000 (SSI 2000/309)

The next agenda item is negative instruments. Various points were raised about these regulations. Do members wish to comment?

I have a question about regulation 3(b) and the definition of ionising radiation. I do not believe that it is the job of the Subordinate Legislation Committee to question the policy behind this regulation, but it would be interesting if the lead committee could find out why the levels have been set at those indicated. A later note gives more details about the levels, but that note does not explain why the levels have been set as indicated.

I think that we are entitled to ask whether we can take a view on that point, as the levels appear to indicate a significant shift. Shall we seek clarification on that point?

In that case, perhaps it would be a case of asking the lead committee—

We should draw the lead committee's attention to the significant increase in the levels. I presume that we can flag up to the Executive that we are drawing that issue to the attention of the lead committee, as the Executive may care to provide an answer to that committee.

We should make clear who is guilty of an offence under the new regulation 6(a). It is clear that that is not clear, if that is not tautologous.

It would be appropriate to ask why certain definitions, such as "ultimate consumer" and "catering establishment", are not free-standing definitions but seem to refer to food labelling regulations. We should also ask whether the words that are added by regulation 9(a) refer to the purpose of the radiation or to the radiation itself.

The same applies to regulation 11(a). There is a reference to the relevant schedule, which makes the regulation difficult to follow. We will seek clarification on that point.

Our legal adviser suggested that we should raise a question about section 40(2) of the Food Standards Act 1999 as well as the points that we have raised before.

If members are agreed, we will go to the Executive with those points.

Members indicated agreement.